Ranjit Kaur vs State of Punjab and Others

Surya Kant, J.—Notice of motion.

Ms. Monica Chhibber Sharma, learned Deputy Advocate General, Punjab accepts notice on behalf of Respondent Nos. 1 to 6.

Let two copies of the writ petition be handed over to her during the course of day.

In view of the nature of order which I propose to pass, there is no necessity to issue notice to Respondent Nos. 7 and 8 nor any counter-reply from the official Respondents is needed at this stage.

The Petitioner was elected as Panch of the Gram Panchayat Village Gujjarwal, Block Phokowal, Tehsil and District Ludhiana, against a seat reserved for Scheduled Caste category. Later on, she has been elected as Sarpanch of the village against the reserved seat of Scheduled Caste.

On a complaint made against the Schedule Caste certificate produced by the Petitioner, the Tehsildar, Ludhiana (West) submitted an ex-parte report dated 18.2.2010 (Annexure P-3) holding that the said certificate of the Petitioner was not genuine. When the Petitioner came to know about the ex-parte report, she represented before the authorities and it appears that on consideration of the fresh material, the Tehsildar, Ludhiana (West) submitted another report dated 15.7.2010 (Annexure P-4) to the Sub Divisional Magistrate, Ludhiana (West), saying that the Scheduled Caste certificate of the Petitioner was erroneously cancelled and the previous order dated 18.2.2010 deserved to be reviewed. However, no decision on these recommendations has been taken by the Sub Divisional Magistrate Ludhiana (West). Meanwhile, some more complaints have been made against the Petitioner questioning her status as a Scheduled Caste. She apprehends that the authorities of the Rural Development and Panchayat Department might place her under suspension and/or remove her from the office of the Sarpanch.

The facts of the case simply suggest the sordid state of affairs of the District Administration who has held one or the other ex-parte enquiries instead of arriving at a firm finding of fact after giving due opportunity of hearing to all concerned. The writ petition is accordingly disposed of with a direction to the Deputy Commissioner, Ludhiana to hold a fact finding enquiry through an officer not below the rank of Sub Divisional Magistrate, who shall associate the Petitioner as well as the complainants to find out as to whether or not the Petitioner belongs to the reserved category of Scheduled Caste. The fact finding enquiry shall be concluded within a period of two months from the date of receiving a certified copy of this order.

Till the said enquiry is concluded, the Director, Rural Development and Panchayat Department is directed not to suspend or remove the Petitioner from the post of Sarpanch of the village solely on the ground that she does not possess the Scheduled Caste certificate. Suffice it to mention that after the enquiry if it is found that the Petitioner does not possess a genuine Scheduled Caste certificate, the competent authority will take immediate action in accordance with law. However, if it is found that the Petitioner actually belongs to Scheduled Caste category, no further action would be taken against her on that count.

Ordered accordingly.

Let a copy of this order be given dasti to Ms. Monica Chhibber Sharma, learned Deputy Advocate General, Punjab, for information and necessary compliance.