G.S.SANDHAWALIA J - (1.) THE present order shall dispose of Civil Writ Petitions No.12639 of 2012 and 12667 of 2012 as in both the petitions similar facts and law point are involved. The facts have been extracted from the Civil Writ Petition No.12639 of 2012.
(2.) THE challenge in the present writ petition is to the order dated 5.6.2012 (Annexure P-5) whereby the petitioner has been suspended from the post of Sarpanch and relief claimed is that petitioner be allowed to continue as Sarpanch till the pendency of the appeal which is pending before respondent no.1. The contention of the petitioner is that the show cause notice was issued on 16.5.2012 and the petitioner was to file reply to the said show cause notice within 15 days from the date of its receipt. The said show cause notice reached in the Post Office on 22.5.2012 and was served upon the petitioner on 24.5.2012. The petitioner immediately submitted his reply on 5.6.2012 and before filing the reply, respondent no.2 passed the impugned order suspending the petitioner on the ground that no reply had been received. It is contended that petitioner immediately filed an appeal before respondent no.1 on 11.6.2012 (Annexure P-6) along with stay application. The said appeal has been listed for preliminary hearing for 6.8.2012. It is further contended that respondent no.2 passed the impugned order illegally without even waiting for the expiry of 15 days period stipulated for filing the reply in the show cause notice and in view of long date given by the Appellate Authority, prejudice will be caused to the petitioner.
(3.) KEEPING in view the above peculiar facts and circumstances and in view of the fact that appeals are pending before respondent no.1, the writ petition is disposed of with a direction to respondent no.1 to prepone the appeal along with stay application and to take it up for preliminary hearing and decide the stay application on or before 25.7.2012 on merits.;