RAJAN GUPTA, J. - (1.) PETITIONER has sought a writ in the nature of certiorari for quashing orders dated 26.3.2013 and 30.4.2013, Annexures P -1 & P -2 respectively being unconstitutional and arbitrary.
(2.) PETITIONER was elected Sarpanch of Gram Panchayat Budhwal, Tehsil Narnaul, District Mohindergarh. On 11.01.2013, a show cause notice was issued to the petitioner by respondent No.2 seeking her explanation for submitting an affidavit against the interest of Gram Panchayat before the civil court at Narnaul and acting in collusion with the plaintiff. She was given ten days time to submit her reply to the notice. Despite expiry of two months, petitioner failed to file reply. Keeping in view serious nature of allegations, Deputy Commissioner invoked Section 175 of the Haryana Panchayati Raj Act, 1994 and placed the petitioner under suspension. The order was unsuccessfully challenged by the petitioner before Principal Secretary to Government of Haryana, Development and Panchayat Department. Learned counsel for the petitioner has assailed the orders. According to him, same are unsustainable as petitioner was elected representative of residents of the village. She could not be placed under suspension on the basis of flimsy allegations. Impugned orders, thus, deserve to be quashed. Learned State counsel has vehemently opposed the plea. According to him, petitioner filed an affidavit against the interests of Gram Panchayat before the civil court. Certain observations were made by the civil court while disposing of the suit. Respondent No.2 had passed the order after due consideration of the matter. Petitioner was afforded opportunity of hearing by respondent No.1 as well. However, said authority also found that petitioner had committed serious misconduct. I have heard learned counsel for the parties and given careful thought to the facts of the case. A perusal of the record shows that one Kanshi Ram had filed a suit against Gram Panchayat Budhwal praying for a declaration that mutation of land in question be entered in his name and defendant No.1 be restrained from interfering in his peaceful possession. After notice was issued in the suit, Gram Panchayat filed written statement denying the claim of the plaintiff. Gram Panchayat also claimed ownership of the suit property. During the pendency of suit, petitioner Gulab Devi was elected as Sarpanch. She filed an affidavit Ex.PW2/A before the court, entirely reversing the stand taken by the Gram Panchayat. She deposed that plaintiff had raised construction on the suit property 40 -41 years ago and was owner thereof. Gram Panchayat had no concern with the property. Civil Court, however, found that revenue record belied the deposition of Gulab Devi. Thus, she had connived with the plaintiff. While dismissing the suit, the civil court observed as follows: - ''9. Before parting with the judgment, it is worthwhile to mention here that when the Gram Panchayat, Budhwal through its Sarpanch Manoj Devi had filed the written statement then the suit property was claimed being ownership of Gram Panchayat, but lateron Sarpanch Gulab Devi appeared in favour of plaintiff and she filed an affidavit that Gram Panchayat was not the owner of the suit land, rather the plaintiff was owner in possession of the same and when the same institution has given a divergent view then in that circumstance it requires a proper enquiry, therefore, a copy of this judgment alongwith written statement of Gram Panchayat Budhwal and affidavit of Gulab Devi as PW2 be sent to Collector, Narnaul for taking necessary action against Sarpanch Gulab Devi wife of Randhir Singh, resident of village Budhwal, Tehsil Narnaul with intimation to this Court. 10. As a sequel to my findings, suit of the plaintiff fails and the same is hereby dismissed with Rs.2000/ - exemplary costs. Decree sheet be drawn up accordingly. File be consigned to the record room after due compliance. '' Thereafter, show cause notice dated 11.01.2013 was issued to the petitioner. She was placed under suspension vide order Annexure P -1. Appeal was dismissed by respondent No.1 after affording opportunity of hearing to the petitioner.
(3.) I find no infirmity with the orders passed by the concerned authorities. In my considered view, allegations against the petitioner are serious. It is inexplicable why petitioner submitted affidavit Ex.PW2/A before the court when written statement on behalf of Gram Panchayat had already been filed. In the said written statement, Gram Panchayat had asserted that it was the owner of the land. Plaintiff had filed suit for declaration merely on the basis of his possession. The revenue record clearly reflected ownership of the Gram Panchayat. The authorities, thus, rightly placed the petitioner under suspension invoking statutory provisions of the Act. The writ petition is without any merit and is hereby dismissed.;