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2022 Supreme(P&H) 2261
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Mittal, J.
Bachan Singh – Appellant
Versus
State of Punjab & Ors. – Respondents
CWP No. 10854 of 2022
Decided On : 20-05-2022
For the Parties : Mr. Gurinder Singh Bhandari
Headnote:(A) Constitution of India - Article 226 - Writ Petition for Certiorari - The petitioner was suspended from the post of Sarpanch due to allegations of embezzlement of public funds, which he contested, asserting that the funds were used for developmental works. Court found no illegality in procedure or merit to consider unless the order is perverse. (Paras 1-3)
(B) Judicial Review - The scope of judicial review in writ proceedings does not extend to examining the merits unless procedural illegality is demonstrated. (Para 3)
Facts of the case:
The petitioner was suspended based on allegations of embezzlement, with a claim of proper fund allocation to village development. No verification of claims was performed by respondents.
Findings of Court:
The court dismissed the writ petition, highlighting the absence of procedural illegality in the respondent's decision.
Issues: Whether there was a procedural illegality in the suspension order or merit to reconsider the factual assertions made by the petitioner.
Ratio Decidendi: The court ruled that without established procedural illegality, the merits cannot be re-evaluated; the order was not perverse thus could not be overturned.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. suspension of elected sarpanch due to embezzlement allegations (Para 1) |
| 2. petitioner's claim of false embezzlement allegation (Para 2) |
| 3. high court's limited review in writ jurisdiction (Para 3) |
| 4. writ petition dismissed (Para 4) |
Judgment
Mr. Sudhir Mittal, J.
The petitioner was elected as Sarpanch of village Changa Rai Uttar, Tehsil Guruharsahai, District Ferozepur. He has been suspended from the said post vide order dated 04.01.2021 on the ground of embezzlement of public funds. Appeal has been dismissed vide order dated 24.02.2022 and, thus, the present writ petition has been filed.
2. Learned counsel for the petitioner has submitted that the allegation of embezzlement is false. A sum of Rs. 3.5 lacs was withdrawn from the account of Panchayat and the same was spent on developmental works in the village. The respondents are not carrying out necessary verification despite demand made by the petitioner. If verification is done it would be revealed that the money was spent for executing developmental works.
3. The submission cannot be accepted as in a case praying for issuance of writ in the nature of certiorari the High Court only examines illegality of procedure. No such illegality has been pointed out. Merits of the case are not to be considered unless the order is shown to be perverse. The order cannot be said to be perverse as admittedly there is nothing on record to show that the money was spent on developmental works.
4. Thus, the writ petition is misconceived. It is, accordingly, dismissed.
