Rishi Ram And Others v. State Of Punjab And Others

CWP-28851-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28851-2023 Date of Decision: December 21, 2023 Rishi Ram and others ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Manish Kumar Singla, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) Petitioners have approached this Court praying for quashing the inquiry proceedings initiated vide letter dated 21.08.2023, Annexure P-4, on the ground that despite dissolving of the Panchayats on 10.08.2023, Gram Panchayats have done the works etc. and all the subsequent proceedings including the letters, dated 26.10.2023, 30.10.2023, 17.11.2023, Annexure P-6 to P-8 respectively, being totally illegal, perverse and against the principle of natural justice.

It has been contended by learned counsel for the petitioners that after dissolution of the Panchayat vide Notification dated 10.08.2023, no Resolution was passed from 10.08.2023 to 31.08.2023 neither any payment is made nor any cheque has been issued in the intervening period. He has submitted that respondent No.4, i.e. District Development and Panchayat Officer, Sangrur, was directed to produce the record from January 2019 onwards and thus has enlarged the scope of the inquiry. He has submitted that the letter dated 23.09.2022 is already under challenge and the operation MEENU 2023.12.28 05:11 I attest to the accuracy and integrity of this document

CWP-28851-2023 -2of the same is already stayed. However, on hearing learned counsel for the petitioner and perusing the record, it is evident that the impugned letter has been issued to respondent No.5, i.e. Block Development and Panchayat Officer, by the Divisional Deputy Director for ensuring his presence as well as presence of Sarpanches and Panchayat Secretaries for the purpose of inquiry regarding the misuse of the panchayat funds by the various Gram Panchayats. Thus, the petitioners have been issued notices to be present before the Divisional Deputy Director alongwith the record. The inquiry has started and the petitioners have every right to explain their position and defend themselves before the Divisional Deputy Director and thus no ground is made out to interfere with the notices issued at this stage. However, the present petition is disposed of with liberty to the petitioners to avail their remedies as available to them under the law. December 21, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.12.28 05:11 I attest to the accuracy and integrity of this document