PIYARE LAL Vs. THE DEPUTY COMMISSIONER AND ANR.

JUDGEMENT

(1.) THE Petitioner, Piyare Lal, in this petition under Article 226 of the Constitution, is a Sarpanch of the Gram Panchayat, Nandachaur in tahsil and district Hoshiarpur.

(2.) THE Social Education and Panchayat Officer having inspected the accounts of the Gram Panchayat made a note pointing out certain irregularities in the same. With the return by Respondent 1, the Deputy Commissioner of Hoshiarpur, has been filed annexure 'A', which is a copy of the report of that officer indicating that a case of temporary embezzlement and misappropriation of Panchayat funds was detected. The Petitioner alleges that the District Development and Panchayat Officer, Respondent 2, on that proceeded to an enquiry against him on his own, but in the return by Respondent 1, it is clearly stated that it was he who on April 3, 1965, ordered Respondent 2 to take up the enquiry against the Petitioner. Respondent 2 called upon the Petitioner to produce the Panchayat accounts consisting of cash book, receipt -book, muster roll, development works register and grants register, but the Petitioner put him off twice on the ground that he was indisposed due to attack of cataract. Respondent 2 adjourned the enquiry at the request of the Petitioner twice. The next hearing in the enquiry was June 7, 1965, when the Petitioner informed Respondent 2 that on account of Samiti elections he was unable to appear before him on that day.

(3.) THE learned Counsel for the Petitioner has urged three arguments. The first argument is that Respondent 1 had no power to make an order of suspension against the Petitioner under Sub -section (1) of Section 102, because there was no enquiry pending before him against the Petitioner, though one such enquiry was pending against him before Respondent 2. Sub -section (1) of Section 102 reads: - -