being inimical towards the petitioner, submitted a complaint dated 11.01.2021 (Annexure P-1) to the Hon’ble Chief Minister, Haryana, levelling allegations of irregularities and corruption in the execution of various development works during the petitioner’s tenure as Sarpanch. The said complaint was inquired by respondent No.4 – Sub Divisional Officer (Panchayati Raj), Kaithal, who, vide Inquiry Report dated 07.02.2022 (Annexure P-2), submitted that recovery of Rs.36,000/- and Rs.3,500/- was liable to be made from the petitioner. Petitioner states that he has already deposited the said amount of Rs.39,500/- in the Bank Account of the Gram Panchayat, Habri.

2.1 It is stated that another complaint dated 18.11.2021 (Annexure P-4) was submitted by respondent No.6 – Surinder Kumar, through the CM Window, wherein similar allegations of irregularities in development works were levelled against the petitioner. However, the said complaint was subsequently closed, as no substance was found in the allegations, as per the findings recorded in the Inquiry Report (Annexure P-5).

2.2 It is stated that respondent No.6 – Surinder Kumar submitted another complaint dated 04.12.2023 (Annexure P-6) before the Chief Minister, Haryana, pursuant to which an inquiry was ordered, as is evident from letter dated 11.12.2024 (Annexure P-8) issued by the Block Development and Panchayat Officer, Pundri, addressed to the Sub Divisional Officer, Block Pundri.

2.3 It is the case of petitioner that complaint dated 04.12.2023 (Annexure P-6) and the inquiry initiated pursuant thereto are contrary to the provisions of Section 53 of the Haryana Panchayati Raj Act, 1994 (in short ‘the 1994 Act’), as well as the Government instructions dated 02.02.2021 (Annexure P-9) and judgment dated 28.07.2023 (Annexure P-10) passed by this Court in CWP No.4074 of 2018.

3. In the aforementioned circumstances, petitioner has filed the instant writ petition before this Court seeking relief(s), as noticed hereinabove.

4. Heard.

5. At the outset, it would be apposite to refer to Section 53 of 1994 Act, which reads thus:-

“53. Liability Of Sarpanch or Panch (1) Every Sarpanch or a Panch of a Gram Panchayat shall be liable for the loss, waste or mis-application of Gram Fund or property belonging to that Gram Panchayat if such loss, waste of mis-application is a consequence of his neglect or misconduct while working as Sarpanch or a Panch, as the case may be.

(2) The Sub Divisional Officer and Panchayat Officer concerned may, on the application of a Gram Panchayat or otherwise, for loss, waste or mis-application of Gram Fund or property belonging to that Gram Panchayat and after giving adequate opportunity to Sarpanch or Panch, as the case may be, to explain, assess by order in writing the amount due from him on account of such loss, waste or mis-application of such Gram Fund or property (3) Any person aggrieved by an order under sub-section (2) may, within one month of the date of such order apply to the Director to have it set aside and the Director may suspend, vary or rescind such order upon such terms as to costs, payment into court or otherwise, as he thinks fit, but subject to the result of such application, if any, the order shall be conclusive proof of the amount due.

(4) Notwithstanding anything contained in sub-section (3) the Government may, either on its own motion at any time or an application received in this behalf within a period of sixty days from the date of the order, call for the records of any proceedings in which the Director has passed an order under sub-section (3) for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order in relation thereto as it thinks fit :

Provided that the Government shall not pass an order under this subsection prejudicial to any person without giving him a reasonable opportunity of being heard.

(4A) the Deputy Commissioner shall recover the amount of loss assessed by Sub Divisional Officer within a p