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High Court of Punjab and HaryanaCWP/28463/2017disposed of

Sukhwinder Singh v. State Of Punjab And ORS.

2017-12-14Mr. Justice R.P. Nagrath2 pages

Vinod Kumar 2017.12.15 11:09 I attest to the accuracy and integrity of this document CWP No.28463 of 2017 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.28463 of 2017 Date of decision:December 14, 2017 Sukhwinder Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Ms. Rupinder Kaur Thind, Advocate, for Ms. Jasminder Singh Thind, Advocate, for the petitioner. ***** Rakesh Kumar Jain, J. (Oral) The petitioner was a Sarpanch for the period from 2008-2013. There was a complaint against him in 2015 in which an inquiry was held and was ultimately filed. In 2017, again a complaint has been made against the petitioner, pursuant to which he has been issued a notice by the Inquiry Officer. The petitioner has filed reply to the show cause notice and also made an application to the Inquiry Officer for dropping the inquiry proceedings, inter alia, on the grounds that a similar complaint has already been filed and no proceedings can be initiated against him after a period of 4 years in terms of Section 216(4) of the Punjab Panchayati Raj Act, 1994. The petitioner has, thus, prayed that a direction may be issued to the Inquiry Officer-cum-Additional Deputy Commissioner(D), Kapurthala to take into consideration the reply filed by the petitioner to the show cause notice and also the application for dropping the inquiry proceedings.

CWP No.28463 of 2017 [ 2 ] ***** Keeping in view the prayer made by the counsel for the petitioner, which is totally innocuous, the present petition is hereby disposed of, without issuing notice to the respondents, with a direction to respondent no.3 to take into consideration the reply filed by the petitioner to the show cause notice and the application for dropping the proceedings before proceeding further in the inquiry. It is needless to mention that an opportunity of hearing be also given to the petitioner and a speaking order be passed. December 14, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned :

Yes/No Whether reportable :

Yes/No