DILAWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed seeking direction to the Financial Commissioner and Principal Secretary to Government of Haryana (respondent No. 2) to decide the stay application pending before it in a time bound manner. Further prayer has been made that in the meantime, operation of order of suspension dated 21.05.2019 be stayed.

(2.) Brief facts of the case are that the petitioner was elected as Sarpanch of village Ballah, District Karnal in the year 2015. There were complaints made that petitioner-Sarpanch had encroached the panchayat land. Demarcation was done on 09.08.2018. It was found that there was encroachment by the petitioner. A show cause notice was issued on 31.12.2018 and reply to the said show cause notice was filed. The matter was referred to the authorities to verify the illegal possession. A report was submitted on 15.04.2019 reiterating that the petitioner has illegal possession. Vide order dated 21.05.2019, petitioner was suspended. Aggrieved of order of suspension, appeal along-with stay application was preferred under Section 51(5) of the Haryana Panchayati Raj Act, 1994 before respondent No. 2. Thereafter, present petition has been filed.

(3.) Learned counsel for the petitioner argues that the appeal and stay application are not being decided by the Financial Commissioner and in the meantime, order of suspension is being enforced.