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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J.
Jagtar Singh - Petitioner - Appellant
Versus
State of Punjab and others - Respondents - Respondent
CWP-16382 of 2023
Decided On : 31-07-2023
Enquiry - Complaints against Sarpanch - Direction to expedite enquiry
Fact of the Case:
The petitioner, Lambardar of the village, filed complaints against the Sarpanch for irregularities and sought a direction for a fresh and proper enquiry.
Finding of the Court:
The court disposed of the petition with a direction to expedite the ongoing enquiry initiated by respondent No.2 and conclude it within two months.
Issues: Delay in taking action on complaints filed by the petitioner
Ratio Decidendi: The court emphasized the need to expedite the ongoing enquiry and conclude it in accordance with the law.
Final Decision: The court directed respondent No.2 to expedite the enquiry initiated and conclude the same expeditiously within two months.
RAJESH BHARDWAJ, J.
1. Prayer in the present petition is for issuance of direction to respondent No.2 to take a final decision on the complaints dated 19.07.2017 (Annexure P-1) and 16.04.2019 (Annexure P-4) filed by the petitioner by conducting a fresh and proper enquiry after giving him an opportunity to lead evidence.
2. Learned counsel for the petitioner has submitted that the petitioner is Lambardar of the village and he has filed complaints (Annexure P-1 and P-4) against the Sarpanch for committing irregularities. He has submitted that prima facie case is there against respondent No.9, however, no action has been taken on the complaints filed by the petitioner.
3. Notice of motion.
4. Ms. Akshita Chauhan, Deputy Advocate General, Punjab, accepts notice on behalf of the official respondents. She has submitted that enquiry has already been initiated on the basis of the complaints filed by the petitioner and the same is under progress.
5. After hearing learned counsel for the parties, the present petition is disposed of with a direction to respondent No.2 to expedite the enquiry initiated and conclude the same expeditiously in accordance with law preferably within two months from today.
Order accordingly.
The court's decision emphasized the importance of expediting enquiries and concluding them in accordance with the law.
The main legal point established in the judgment is the mandatory compliance with procedural requirements for initiating the removal and disqualification of an elected member of the Panchayat, includ....
The complaint did not need to strictly comply with the Enquiry Rules 1997, and the DM had the power to order a preliminary enquiry even without a proper complaint.
The court's decision was based on the need to complete the enquiry into alleged anomalies in the allotment of PMAY houses and misuse of PMAY fund.
The court emphasized the necessity for timely administrative action following an inquiry, highlighting accountability in educational governance.
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