Shri Mehnga Ram Sarpanch, Gram Panchayat Todar Pur vs The State of Punjab and Others

S.S. Sodhi, J.—The Petitioner Mehnga Ram was the Sarpanch of the Gram Panchayat Todar Pur in District Hoshiarpur. On April 5, 1977, an order u/s 102(4) of the Gram Panchayat Act, 1952 (hereinafter referred to as ''the Act'') was passed by the Director Panchayats (Annexure P5) placing him under suspension and debaring him from taking any part in future in the proceedings of the Gram Panchayat-An appeal was filed against this order which was dismissed by the Appellate Authority on April 19, 1977. This order is reproduced hereunder:

Dismissed.-Enquiry be held in two months.

The impugned order cannot be sustained in view of the fact that there is no provision in the Act whereby, a Sarpanch can be suspended as a measure of punishment.

It is on record that the impugned order of April 5, 1977 (Annexure P-5) came to be passed against the Petitioner following an enquiry into the charges made against him. This enquiry was conducted by the Divisional Deputy Director of Panchayats. The enquiry report is Exhibit P/2. The appellate order, no doubt, states that the enquiry be held in two months, but there is no mention in the,return filed in this case regarding any enquiry pending against the Petitioner on that date or at any time subsequent thereto. Miss Malkiat Kaur, appearing for the Advocate General, Punjab stated that no enquiry was pending against the Petitioner. u/s 102(4) of the Act, a Panch can be suspended only daring the course of an enquiry. There is no provision in the Act. permitting suspension as as a measure of punishment. As the impugned order was not passed during the course of an enquiry. It cannot, but be held to be without any sanction of law.

This Writ Petition is accordingly accepted and the imprgned (Annexure P/5) is hereby quashed. In the circumstances there will he no order as to costs.