Bir Singh v. T.L. Satya Parkash & ANR

COCP 2840/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:15.02.2017 Bir Singh ..............Petitioner v.

Sh.TL Satya Parkash,IAS and anothers ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Rahul Sharma,Advocate for Mr.Salil Bali,Advocate for the petitioner Mrs.Subhra Singh,Addl.AG Haryana Jaswant Singh,J.

Petitioner, an Ex-Sarpanch of Village Bajghera,Tehsil and District Gurgaon made complaints to respondents/authorities concerned regarding alleged misappropriation and fraud committed by another exSarpanch-Smt.Kamlesh Devi. Since no action was taken on his complaints, he filed CWP 15255/2015 before this Court which was disposed of vide order dated 29.7.2015 with a direction to respondents to consider the decide the complaints made by petitioner within a period of six weeks from the date of receipt of certified copy of the order.

Alleging disobedience of order dated 29.7.2015 present contempt has been filed.

Upon notice, reply by way of affidavits dated 22.5.2016 and 9.9.2016 has been filed by Sh.T.L.Satyaparkash,IAS,Deputy Rajinder Parshad Joshi 2017.02.15 16:49 I attest to the accuracy and integrity of this document

COCP 2840/2015 Commissioner,Gurgaon-respondent no.1 stating therein that a committee comprising Executive Engineer,Public Health,Gurgaon, Executive Engineer,Marketing Board,Gurgaon and Sub Divisional Engineer,Buildings and Roads,Gurgaon was constituted to collect the samples of material used for development works and send the same to Lab for quality test report. The said committee after receipt of test report assessed the loss to the tune of Rs.23,781/- vide report dated 6.9.2016(R-1). The said amount has been recovered from ex-Sarpanch under Section 53 of the Haryana Panchayati Raj Act. It is further submitted that as per inquiries conducted by different officers against said Sarpanch, for the losses caused by her during her term, the amount of such losses has been deposited by Smt.Kamlesh Devi-ex Sarpanch in the Panchayat Fund.

It is thus stated that there is no dereliction of duty in taking appropriate action on the complaints of the petitioner. After hearing the learned counsel for the parties and perusing the averments made in aforesaid reply, in my opinion, substantial compliance of order of this Court has been made warranting no further action in the present contempt petition. Rule is discharged.

15.02.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.02.15 16:49 I attest to the accuracy and integrity of this document