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VIKAS BAHL
Sukhdev Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vikas Bahl, J.
Challenge in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India is to the order dated 29.07.2022 (Annexure P-4) passed by the Additional Chief Secretary, Punjab Government, Department of Rural Development and Panchayats (Exercising the powers of Government under the PUNJAB PANCHAYATI RAJ ACT , 1994) vide which the order dated 07.12.2021 has been set aside and respondent No.4 has been reinstated as Sarpanch of Village Kohala, Tehsil and District Jalandhar. Further prayer has been made that the order dated 07.12.2021 passed by the Director, Department of Rural Development and Panchayats, Punjab (Annexure P-3) vide which respondent No.4 had been suspended from the post of Sarpanch, be upheld.
Brief Facts Of The Case:-
2. Brief facts of the present case are that respondent No.4-Jassa Singh was elected as Sarpanch of Village Kohala in January, 2019. The Director, Rural Development and Panchayats, vide its order dated 07.12.2021 (Annexure P-3), had suspended respondent No.4 from the post of Sarpanch while exercising its powers under Section 20 (4) of the PUNJAB PANCHAYATI RAJ ACT , 1994 (hereinafter to be referred as "the 1
Suspension of an elected official under ongoing criminal proceedings is valid, yet procedural fairness in disciplinary inquiries must be maintained—misconduct finding quashed for lack of hearing.
An elected representative cannot be placed under suspension in a routine manner and the government must satisfy itself that the charges are of a grave nature and that the continuation of the incumben....
The court affirmed that the State Government can suspend a Sarpanch based on inquiry initiation, even without a preliminary report, provided the member is given an opportunity to explain.
Suspension of an elected representative is valid when misconduct is established, with the suspension being justified under relevant statutory provisions, ensuring accountability and public confidence....
Exercise of the powers by the District Development Officer in the first instance and Additional Development Commissioner in the second, were not in conformity with the provisions of the Act and the a....
If Sarapnach fails to call such meeting, the Secretary of the panchayat shall forthwith make a report thereof the competent authority and thereupon the competent authority shall call a meeting of the....
The court ruled that the suspension of an elected Sarpanch was unjustified as the conditions for suspension were not met, emphasizing the distinction between elected representatives and public servan....
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