Punjab-Haryana High Court
Adhikaar-The Rights Path vs State Of Haryana And Others on 19 October, 2012
Bench: A.K.Sikri, Rakesh Kumar Jain
CWP No.21259 of 2012 [1]
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.21259 of 2012
Date of decision:19.10.2012
Adhikaar-the rights path ...Petitioner
Vs.
State of Haryana and others ...Respondents
CORAM: Hon'ble Mr. Justice A.K.Sikri, Chief Justice
Hon'ble Mr. Justice Rakesh Kumar Jain
Present: Mr. S.K.Yadav, Advocate,
for the petitioner.
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A.K.Sikri, CJ. (Oral)
In the instant writ petition filed in public interest, the petitioner has pointed out that even when respondent No.7 is found to have forged the documents on the basis of which he got the old age pension, no action is taken by the respondent authorities. It is also pointed out that respondent Nos.8 to 22 are given old age pension under the "Old Age Pension Scheme"
which is admissible to those persons who are above 60 years of age, however, according to the petitioner, respondent Nos.8 to 22 do not qualify for the said pension as they are below 60 years.
Learned counsel for the petitioner has drawn our attention to the communication dated 12.06.2012 addressed by the office of Sub Divisional Officer (Civil), Pataudi, Bilaspur Road, Pataudi, Gurgaon to the Commissioner, Gurgaon. A perusal thereof shows that complaint made on the aforesaid basis by the petitioner vide its letter dated 13.06.2011 was CWP No.21259 of 2012 [2] ***** examined and the Sub Divisional Officer found substance therein. It is submitted that in spite of this communication written to the Commissioner, Gurgaon way-back in June, 2012, no action is taken thereon.
Section 51 of the Haryana Panchayati Raj Act, 1994 deals with the suspension and removal of a Sarpanch or Panch under certain circumstances and if the allegations made in the petition are correct, action can be taken under the aforesaid provision to remove respondent No.7 as Sarpanch.
In view of the findings of the Sub Divisional Officer, we are of the opinion that the Director or the Deputy Commissioner concerned may take a decision as to whether action under Section 51 of the Haryana Panchayati Raj Act, 1994 is warranted or not and if it is so, he is directed to initiate the proceedings by following the procedure laid down under the aforesaid provision. Pending this inquiry, the Deputy Commissioner shall also take a decision as to whether respondent No.7 needs to be suspended immediately. Likewise, the Deputy Commissioner concerned shall also examine as to whether respondent Nos.8 to 22 are rightly given the old age pension and decision in this behalf shall be taken by the Deputy Commissioner within three months from today.
With the aforesaid directions, the Civil Writ Petition is disposed of.
(A.K.Sikri)
Chief Justice
19.10.2012 (Rakesh Kumar Jain)
vinod* Judge