Rajpal Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

LPA No. 200 of 2020 (O&M) Date of Decision: 11.02.2020 Raj Pal Singh .....Appellant versus State of Haryana and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI, JUDGE Present :

Mr. V.P.Sangwan, Advocate, for the appellant. ****

       This appeal has been filed by the appellant against the order dated 17.01.2020 passed by the learned Single Judge in Civil Writ Petition No. 1253 of 2020 whereby the petition filed by the petitioner (appellant herein) against the order of suspension dated 11.02.2019 on the post of Sarpanch has been disposed of by directing the respondents' authorities to conclude the regular enquiry initiated against the appellant within a period of eight weeks from the date of receipt of the certified copy of the order. The order passed by the learned Single Judge is assailed on the ground that the learned Single Judge has failed to take note of the fact that the petitioner was required to be given a notice and an opportunity to file reply before passing an order of suspension which has not been done so by the authorities.

Having heard learned counsel for the appellant and perusing the record, it is observed that the learned Single Judge has taken this aspect into consideration and has also recorded a finding to the effect that a notice was issued by the authorities and it was duly served upon the appellant but instead of filing the reply before the competent authority he has addressed the reply to the Chief Minister and other higher authorities without

    [2] addressing it to the competent authority. Learned Single Judge has recorded a finding that the notice was received by the appellant and therefore, there was no procedural irregularity committed by the authorities in passing the order of suspension.

In view of the aforesaid facts and circumstances, we do not find any perversity or illegality in the order passed by the learned Single Judge. In so far as other issues are concerned, it is observed that the learned Single Judge has disposed of the petition with a direction to the respondents' authorities to conclude the enquiry initiated against the appellant within a period of eight weeks. The said order was passed by the learned Single Judge on 17.01.2020. Almost four weeks have elapsed after passing of the said order and in such circumstances we do not find any reason to interfere with the said direction issued by the learned Single Judge. The appeal filed by the appellant is accordingly dismissed.




































 






























 



Whether speaking/reasoned √Yes/No Whether reportable Yes/No√