Davinder Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP-15456-2025 (O&M) Date of Decision: 07.08.2025 Davinder Singh and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Anmoldeep Singh, Advocate for the petitioners.

***** HARSH BUNGER J. (ORAL) The present petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Mandamus for issuing directions to conduct an investigation/inquiry against Smt. Paramjit Kaur (the then Sarpanch) and other Panchayat members for embezzlement of public funds, which were meant for the development of the village.

2.

Short reply dated 06.08.2025 by way of affidavit of Ms. Jaspreet Kaur, District Development and Panchayat Officer, District Fatehgarh Sahib, Punjab on behalf of respondents No.1 to 4 has been filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions. Copy thereof has been supplied to learned counsel for the petitioners in Court today itself.

3.

A perusal of short reply dated 06.08.2025 would suggest that earlier also the petitioners had filed a similar complaint dated 09.12.2022,

alleging misappropriation by Smt. Paramjit Kaur (ex Sarpanch) of Village Isherhail. The said complaint is stated to have been got inquired into by the Executive Engineer, who after conducting the inquiry, submitted his inquiry report to the Deputy Commissioner on 17.07.2024 and upon perusal of the said inquiry report, since the allegations made against Smt. Paramjit Kaur (ex Sarpanch), were found to be false and fabricated, accordingly the Deputy Commissioner, Fatehgarh Sahib had closed the complaint. 4.

It is further borne out from the short reply that the petitioners along with other villagers had also submitted an online complaint dated 18.07.2022 to the District Development and Panchayat Officer, Fatehgarh Sahib, which was also got inquired into by the concerned Executive Engineer and since there were allegations regarding MGNREGA, an additional inquiry was also got conducted by the Deputy Chief Executive Officer, District Fatehgarh Sahib on 30.06.2023. A copy of the inquiry report dated 30.06.2023 has been attached with the reply as Annexure R-1/T. The relevant extract of which reads as under:

"This office, vide letter No. 948 dated 17.4.2023, wrote to the Sub Divisional Officer (P) Fatehgarh Sahib to send an assessment report of the development works executed by the Gram Panchayat Isherhail. Sub Divisional Officer (PR) Fatehgarh Sahib, vide his office letter No. PR/FGS/2023/209 dated 19.5.2023, stated that as per the complaint, in the presence of both parties, with their consent, the work done in village Isherhail was measured by him and a statement of the materials used on the spot and the materials purchased by Smt. Paramjit Kaur, Sarpanch of village Isherhail, block Khera, during her tenure and the old materials was prepared. As per the inquiry, no amount is pending towards Smt. Paramjit Kaur, Sarpanch, Gram Panchayat Isherhail. The materials purchased and used by her are matching (statement is attached). It is also clarified here that during the 550th convention dedicated to Sri Guru Nanak Dev Ji, the amount of Rs. 50.00

lakhs only was received from the government by the Sarpanch Gram Panchayat Isherhail, whereas the complainant has shown this amount as Rs.3.83 crores in his complaint. It is clear from the above facts and comparative statement that no embezzlement of government funds has been committed by Smt. Paramjit Kaur, Sarpanch, Gram Panchayat Isherhail; therefore, you are recommended to consign the complaint against her to the office record.

CONCLUSION The undersigned has come to the conclusion that during the inquiry of the complaint, based on the statements given by the concerned persons and the report given by the Sub Divisional Officer (PR) Fatehgarh Sahib vide his office memo no. PR/FGS/2023/209 dated 19.05.2023 regarding the measurement of the development works executed by the Gram Panchayat, no amount is found outstanding towards Smt. Paramjit Kaur, Sarpanch, Gram Panchayat Isherhail. Therefore, you are recommended to consign this complaint to the office record DA: Measurement report of S.D.O.

2) Statements of concerned persons.

Sd/- Deputy Chief Executive Officer, Zila Parishad, Fatehgarh Sahib."

5.

Keeping in view the aforementioned facts and circumstances, especially the fact that the similar complaints stand inquired into and nothing incriminating having been found against Smt. Paramjit Kaur (ex Sarpanch), I find no compelling reason to entertain the instant writ petition, the same is accordingly dismissed.

6.

All the pending application(s), if any, shall also stand closed. 07.08.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No