- (1.) The instant Letters Patent Appeal has been filed by the State and its officers challenging the order dated 3.4.2013 passed by the learned Single Judge, whereby the writ petition (C.W.P. No.16002 of 2012) filed by Nachattar Singh (respondent No.1 herein) challenging the order of his suspension dated 5.6.2012 (Annexure P-5) passed by the Director, Rural Development and Panchayats Department, Punjab; and the order dated 23.7.2012 (Annexure P-7) passed by the Financial Commissioner and Secretary, Punjab, dismissing the appeal against the said order, has been allowed, and the orders passed by the aforesaid two officers were set aside, with costs of Rs.30,000/- which was ordered to be paid equally by the Director, Department of Rural Development and Panchayats as well as the Financial Commissioner-cum-Secretary, Punjab as those orders were passed without any application of mind ignoring the factual and legal position.
(2.) We have heard the learned counsel for the appellants.
(3.) In this case, respondent Nachattar Singh was elected as a Panch of the Gram Panchayat of village Dhollanwal in the year 2008. In the year 2012, on the basis of inquiry report submitted by the Block Development and Panchayat Officer, Ludhiana-II, a show cause notice under Section 20 of the Punjab Panchayati Raj Act, 1994 was issued to him as to why he be not suspended from the office of Panch as he was in illegal possession of panchayat land of village Salempur. He was given 15 days time to reply to the said show cause notice. In spite of the reply given by the respondent in time, Director, Panchayats passed the order of his suspension, without considering his reply, in a haste saying that no reply was filed by him. The respondent challenged the said order of his suspension by filing an appeal.;