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High CourtsDivision Bench(2020) 08 SHI CK 0382

Ram Lal And Others vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 28 August 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2876 Of 2020
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Judgment

12 paragraphs · 334 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for the grant of following reliefs:

i) That writ in the nature of mandamus may very kindly be issued by directing the respondent­ authorities to take appropriate legal action against the respondent No.6 by lodging FIR and further taking action in consonance with the inquiry report as per the relevant provisions of law particularly Section 145 Panchayati Raj Act.

ii) That the respondents authorities may very kindly be directed to restrain the financial powers of the respondent No.6.

iii) That respondents authorities may very kindly be directed to suspend the respondent No.6 from acting as Pradhan Gram Panchayat, Tyali for the remaining tenure.

iv) That respondent No.3 may very kindly be directed to complete enquiries pending disposal before him in stipulated time period.

v) That appropriate legal action may very kindly be taken against the other employees of the Panchayat who acted and supported the illegal cause of the respondent No.6.

2.

On being put to notice, the learned Advocate General has sought instructions which go to reveal that on the basis of the preliminary inquiry report (Annexures P­2 and P­5) the chargesheet incorporating new charges has been issued and the Sub Divisional Officer (C), Theog has been directed to complete the inquiry in respect of all the charges before 30.09.2020.

3.

Accordingly, the petition is disposed of with a direction to the respondents to complete the inquiry within the stipulated time. It is further made clear that no extension of time whatsoever shall be granted to the Sub Divisional Officer (C), Theog, to complete the inquiry under any circumstance.

4.

Learned counsel for the petitioners states that respondent No.6 is threatening the witnesses. Since this issue does not arise out of the cause of action on which the present petition has been filed, therefore, the petitioners are at liberty to file substantive petition in this regard.

5.

Pending application(s), if any, stand disposed of.

6.

For compliance, to come up on 01.10.2020.