Dhajja Ram and another vs Gram Panchayat, Naya Bans

D.V. Sehgal, J.

This revision petition arises out of the judgment dated 1.5.1978 passed by the learned Chief Judicial Magistrate, Sonepat, whereby he affirmed the order dated 24.9.1976 of the Gram Panchayat, Naya Bans, convicting the petitioners under section 379, I.P.C. and directing them to pay a fine of Rs. 50/ each.

The allegation against the petitioners was that on 4.1.1976 at noon time they were found cutting the branches of Shehtoot (Mulberry) tree belonging to the Gram Panchayat. This was noticed by Norang son of Hari Singh resident of village Naya Bans and Daya Chand son of Badri. It was alleged that the petitioners thereafter removed the cut branches of the said tree worth Rs. 200/

The plea of the petitioners before the Gram Panchayat and again before the Chief Judicial Magistrate, Sonepat, was that the allegation was false, that petitioner Ram Mehar son of Dhajja Ram was on official tour on the date of occurrence, i.e. 4.1.1976, and this by itself was sufficient to falsify the allegation. It was also contended before the Chief Judicial Magistrate that Ram Mehar petitioner was a public servant and he could not be convicted by the Gram Panchayat. These contentions, however, did not prevail with the Chief Judicial Magistrate who dismissed the revision petition filed by the petitioners.

Mr. A.S. Tewatia, the learned counsel for the petitioners, has brought to my notice Annexure P.3, a certificate issued by the Sub Divisional Officer, Badarpur Sub Division, Canal Colony, Faridabad, to the effect that Ram Mehar son of Dhajja Ram of village Naya Bans, Post Office Khubru, Tehsil Sonepat, was a regular Haryana Government employee since 26.6.1967 and was employed in his office as Sub Divisional Reader. It has further been testified that Ram Mehar petitioner was on duty on 4.1.1976 and he was on official tour with the then Sub Divisional Officer on that date. Shri Tewatia has further proceeded to rely on the provisions of section 42(1) of the Act which provide that no Panchayat shall take cognizance of any offence under the Indian Penal Code, in which either the complainant or the accused is a public servant. It is established that Ram Mehar petitioner, who was working as Sub Divisional Reader under the Sub Divisional Officer, Badarpur Sub Division, was a public servant. The offence for which the petitioners have been tried, convicted and fined Rs. 50/ each is under section 379 of the Indian Penal Code. In view of the provisions of section 42(1) of the Act, the Gram Panchayat, Naya Bans, had no jurisdiction to take cognizance of this offence. The proceedings taken by the Gram Panchayat were, therefore, without jurisdiction.

As a result of the foregoing discussion, the order dated 24.9.1976 of the Gram P anchayat, Naya Bans, convicting the petitioners under section 379, I.P.C. and imposing a fine of Rs. 50/ each is quashed. As a consequence, the judgment dated 1.5.1978 of the Chief Judicial Magistrate, Sonepat, dismissing the revision petition filed by the petitioners is also set aside.

Since there is no representation on behalf of the Gram Panchayat, respondent No.1, there shall be no order as to costs.