- (1.) The petitioner has filed the present writ petition seeking quashing of order dated 5.7.2007 (Annexure P/8) vide which he has been suspended from the office of Sarpanch and the appellate order dated 21.8.2007 (Annexure P/13) vide which his appeal has been dismissed.
(2.) Facts in brief are that the petitioner is an elected Sarpanch of Gram Panchayat, Bir Dhandari, Block Nissing, District Karnal. It is stated that the petitioner was discharging his functions as Sarpanch with due dedication and sincerity. One Mehnga Singh son of Sohan Singh made a complaint alleging that petitioner on 4.5.2007 got conducted the auction of plot nos. 1 and 2, belonging to Gram Panchayat, for the year 2007, at his own house and illegally leased out the same in favour of his relatives or friends. On receipt of complaint, learned Assistant Collector 1st Grade, Karnal vide order dated 11.5.2007 (Annexure P/3), cancelled the auction dated 4.5.2007 and also got deposited Rs.1,70,000/- from the complainant as security and further ordered re-auction of the aforesaid plots. Thereafter, Deputy Commissioner, Karnal- respondent no.2 issued show cause dated 13.6.2007 (Annexure P/6) under Section 51 of the Haryana Panchayati Raj Act, 1994 (for short 1994 Act) to the petitioner for suspending him from the office of Sarpanch on the following allegations:- "That you have conducted the auction of shamlat land of Gram Panchayat for Rs.89,100/- in favour of dears by sitting at home instead at a public place. Sub Divisional Officer (Civil) Karnal vide order dated 11.5.2007 has cancelled auction and ordered re-auction. During intervening period, earlier lessee Shri Surjit Singh s/o Ram Kishan and Purushotam S/o Men Pal residents of Village Bir Dhandari have filed suit in Civil Courts. In which you have directly appeared in the court and did not apprise the court with the real position. In which, Court vide order dated 21.7.2007 has restrained the defendant from interfering and dispossessing from the land. Instead you had to contact with the Law Officer and to appear along with him for the purpose of proceedings which has not been done by you. Therefore, you have caused loss to the panchayat and misused your post."
(3.) Petitioner filed his reply dated 22.6.2007 stating therein that the auction held on 4.5.2007 of the two plots (shamlat land) of the Gram Panchayat was conducted at a School in the presence of Social Education and Panchayat Officer and all the Panches. In the said auction, those two plots were auctioned for Rs.89,100/- for the year 2007, whereas for the previous year the lease amount was Rs.81,700/-. It was denied that the petitioner had caused any loss to the Gram Panchayat or had favoured in any way to his relatives or friends. It was also stated that the order dated 11.5.2007, cancelling the auction and ordering re-auction of the the plots was sent to the office of B.D.P.O., vide endorsement dated 15.5.2007 and a letter dated 16.5.2007 was sent by the office of B.D.P.O., to the Gram Panchayat conveying the said decision. Before the re-auction could be conducted on 21.5.2007, the Pattedars/Lessees, who had succeeded in the auction conducted on 4.5.2007 filed a suit, before the learned Civil Judge, Karnal and were granted interim stay order dated 15.5.2007 restraining the respondents from interfering and dispossessing them till further orders and the case was adjourned to 24.7.2007. Thereafter, the petitioner on behalf of the Gram Panchayat moved an application, through Sh. J.S. Bangar, Advocate, for pre-atonement of the case, which was dismissed by the learned Court vide order dated 4.6.2007. The petitioner had also informed the higher officers i.e. S.D.O.,Karnal and B.D.P.O., regarding the progress of the case. Thus, petitioner had taken all the required steps within his means and thus, there was no fault on his part.;