Jaswinder Singh and Another vs State of Punjab and Others

Kanwaljit Singh Ahluwalia, J.—Notice of motion to Respondents No. 1 and 2 only.

On the asking of the Court, Mr. Anil Kumar Sharma, Addl. Advocate General, Punjab accepts notice on behalf of Respondents No. 1 and

The present writ petition has been filed by the Petitioners seeking quashing of order dated 12.7.2010, Annexure P4, being illegal, arbitrary and in violation of principles of natural justice.

The Appellate Authority accepted the appeal filed by Respondent No. 3 and directed that order of suspension be kept in abeyance till regular enquiry is conducted. The Appellate Authority on 12.7.2010 passed the following order:

... It is made clear that this order will not affect the regular enquiry pending against the Appellant and in this regard the CWP No. 20309 of 2010 [2]

enqiry officer who is conducting the regular enquiry in the matter of the Appellant is directed to submit his report to the Director, Rural Development and Panchayat within the period of two months. On receipt of such report, the Director Rural Development and Panchayat will take further action in the matter of the Appellant.

Petitioners earlier approached this Court by filing Civil Writ Petition No. 14308 of 2010, in which this Court on 12.8.2010 passed the following order:

The present writ petition has been filed by two Panches of Gram Panchayat Behrampur, Block Drangla, Tehsil and District Gurdaspur. They are aggrieved against the order dated 12.7.2010 (Annexure P4), whereby the suspension of Sarpanch was revoked and it was ordered that the regular enquiry be concluded within a period of two months. The impugned order was passed on 12.7.2010 and the regular enquiry is to conclude on or before 12.9.2010.

At this stage, learned Counsel for the Petitioner contends that he be permitted to withdraw the present writ petition with liberty to approach this Court again after the conclusion of the regular enquiry or if it is not concluded within the stipulated period.

As prayed, the present writ petition is dismissed as withdrawn with the liberty aforesaid.

After hearing counsel for the parties, it is directed that in case the regular enquiry in terms of orders of the Appellate Authority has not CWP No. 20309 of 2010 [3]

been concluded, then the Enquiry Officer shall complete the enquiry within two months from today and thereafter the authorities shall proceed and take a decision on the enquiry report within two months thereafter.

With the aforesaid direction, the writ petition stands disposed of.