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2012 Supreme(P&H) 475

T.P.S.MANN, SATISH KUMAR MITTAL
Gurdial Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Surinder Sharma, Advocate, for the appellants.
Mr. Manohar Lall, Addl. A.G., Punjab, for respondents Nos.1 to 4. None for respondent No.5.

JUDGMENT

SATISH KUMAR MITTAL, J. (Oral)

This Letters Patent Appeal has been directed against the order dated February 15, 2011 passed by the learned Single Judge, whereby the writ petition (CWP No.5270 of 2010) filed by respondent No.5, was allowed and the enquiry proceedings initiated against her under Section 216 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as `the Act'), on the basis of the complaint dated 31.8.2006, were quashed.

We have heard the learned counsel for the parties and gone through the impugned order.

In the present case, respondent No.5 remained Sarpanch of Gram Panchayat of Village Jalajan, Tehsil Khanna, District Ludhiana from the year 1998 to 2003. From July, 2003, new Sarpanch of the Gram Panchayat was elected. On 31.8.2006 the appellant made a complaint against respondent No.5 for misappropriating certain amount of the Gram Panchayat during her tenure from 1998 to 2003 to District Grievances Officer, Ludhiana. On asking, respondent No.5 filed reply to the allegations of misuse of funds to the Secretary, Zila Parishad, Ludhiana. Ultimately on 8.3.2010 (Annexure P4), Block Development and Panchayat Officer, Khanna issued a notice to inquire int





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