- (1.) The petitioner has filed this writ petition against the order dated 16th February, 1983, by which the order passed by the Deputy Commissioner reinstating him as Sarpanch was rescinded. The said order reads as under :- "In exercise of the powers conferred upon him under section 100(2) of the Punjab Gram Panchayat Act, 1952, the Governor of Haryana, after calling for and examining the relevant record, is pleased to rescind the order of Deputy Commissioner, Ambala dated 7.12.1982 issued vide his endst. No. 10743- 46/Panchayat dated 7.12.1982 reinstating Shri Asha Ram Sarpanch Gram Panchayat Manka Manki, Block Barara, District Ambala. Shri Asha Ram Sarpanch will remain under suspension till the finalisation of the regular enquiry pending against him. Arjan Dass Malik, Deputy Secretary to Government, Haryana, Development and Panchayats Department." Chandigarh Dated the 16.2.1983
(2.) The main ground urged before us by the learned counsel for the petitioner is that it was incumbent upon the appropriate authority to have afforded an opportunity of hearing to the petitioner before rescinding the order of the Deputy Commissioner reinstating him.
(3.) After hearing the learned counsel for the parties, we find considerable force in this contention of the learned counsel. On 17th December, 1982, the Deputy Commissioner reinstated the petitioner as Sarpanch. There is no dispute that before rescinding that order, no opportunity of hearing was given to the petitioner. The impugned order has been passed in contravention of the principles of natural justice.;