Punjab-Haryana High Court
Rajesh Kumar vs State Of Haryana And Another Cwp No. ... on 9 June, 2014
CWP No.11844 of 2014 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.11844 of 2014
Date of decision: June 09, 2014.
Rajesh Kumar
... Petitioner
v.
State of Haryana and another
... Respondents
CORAM: HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON
Present: Shri Vikram Singh, Advocate, for the petitioner.
Dr. Bharat Bhushan Parsoon, J. (Oral):
Notice of motion to the respondents.
On the asking of the Court, Shri Anupam Sharma, Additional Advocate General, Haryana accepts notice on behalf of the respondents.
The petitioner Rajesh Kumar is Sarpanch of Village Nuran Khera District Sonepat. The Deputy Commissioner, Sonepat-respondent No.2 issued a show cause notice dated 31.10.2013 to the petitioner alleging that he had embezzled a sum of Rs.31,200/- thereby causing loss to the Gram Panchayat. The petitioner filed his reply dated 22.11.2013 (Annexure P-1). As per preliminary inquiry, he has been placed under suspension vide order dated 15.3.2014 (Annexure P-2). The petitioner has filed an appeal (Annexure P-3) before the Financial Commissioner-Cum-Principal Secretary, Panchayat Department along with an application for stay which Kadyan Vinod Kumar 2014.06.09 14:43 I attest to the accuracy and integrity of this document Chandigarh CWP No.11844 of 2014 -: 2 :- are stated to be pending.
The grievance of the petitioner is that the respondent- authorities have issued letter dated 15.4.2014 (Annexure P-4) to take charge of Sarpanch from the petitioner whereas the petitioner has filed the first appeal before the Financial Commissioner and his application for stay is pending consideration.
In similar circumstances, this Court in the case of Smt. Bharpai Sarpanch Vs. State of Haryana and another CWP No. 13457 of 2013, decided on 21.06.2013 (Annexure P-6), disposed of the writ petition by ordering that status-quo shall be maintained with regard to the charge of the post of Sarpanch till the decision of the prayer of the petitioner for stay made in the appeal. Similar was the position in CWP No.11794 of 2014 (Rekha, Sarpanch v. State of Haryana and another), decided on 3.6.2014 and Ranbir Singh v. Commissioner and Secretary to Govt. Haryana and others, 1991(1) RRR 318.
In the said circumstances, the present writ petition is disposed of with the direction that the parties shall maintain status-quo with regard to the charge of the post of Sarpanch of Village Nuran Khera, Block Mundlana District Sonepat till the decision of the application for stay (Annexure P-3) (colly.) by the Financial Commissioner-Cum-Principal Secretary, Panchayat Department-respondent No.1.
[Dr. Bharat Bhushan Parsoon] June 09, 2014. Judge kadyan Kadyan Vinod Kumar 2014.06.09 14:43 I attest to the accuracy and integrity of this document Chandigarh