Punjab-Haryana High Court
Chander Kanta vs Financial Commissioner Panchayat And ... on 14 February, 2020
Author: Sanjay Kumar
Bench: Sanjay Kumar
CM-1999-CWP- 2020 in/and -1-
CWP No. 34111 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-1999-CWP- 2020 in/and
CWP No. 34111 of 2019
Date of decision: 14.02.2020
Chander Kanta
......Petitioner
V/s.
Financial Commissioner Panchayat and Rural Development-cum-
Additional Chief Secretary and others
.......Respondents
CORAM: - HON'BLE MR. JUSTICE SANJAY KUMAR
Present: Ms. Aarti Sharma, Advocate for
Mr. Shalender Mohan, Advocate,
for the petitioner.
Mr. Rajesh Gaur, Additional Advocate General, Haryana.
Mr. H.N. Mehtani, Advocate,
for respondent No.2.
Mr. Sandeep Punchhi, Advocate,
for the applicant-respondent No.4.
***
Sanjay Kumar, J. (Oral)
CM-1999-CWP- 2020 This application is ordered and the amended memorandum of parties is taken on record.
Main writ petition The grievance of the petitioner in this case, the elected Sarpanch of the Gram Panchayat of Village Lohari Ragho, Tehsil Narnaund, 1 of 3 ::: Downloaded on - 24-02-2020 09:03:51 ::: CM-1999-CWP- 2020 in/and -2- CWP No. 34111 of 2019 District Hisar, is with regard to her suspension from the said post by the Deputy Commissioner, Hisar, vide order dated 30.10.2019 (Annexure P-1) and the inaction on the part of the Appellate Authority, the Financial Commissioner Panchayat and Rural Development-cum-Additional Chief Secretary, Panchayati Raj Department, Government of Haryana, the first respondent, in dealing with the appeal filed by her on 08.11.2019 or in the alternative, the stay application filed therein.
By order dated 22.11.2019, this Court stayed the operation and effect of the impugned order dated 30.10.2019 till the decision on the stay application by the first respondent, the Appellate Authority.
Mr. Sandeep Punchhi, learned counsel appearing for the fourth respondent, the complainant against the petitioner, would inform this Court that the appeal filed by the petitioner is coming up for hearing before the first respondent, the Appellate Authority, on 25.02.2020.
If that be so, it is for the first respondent, the Appellate Authority, to apply its mind and consider the case on its own merits and take a reasoned decision. In the event the first respondent, the Appellate Authority, is not in a position to dispose of the main appeal, steps shall be taken dispose of the stay application filed therein by the petitioner on its own merits and in accordance with due procedure, after giving an opportunity of hearing to all parties.
The writ petition is accordingly disposed of with the above directions. The stay granted by this Court shall continue to operate till a decision is taken either in the stay application or in the appeal, as the case 2 of 3 ::: Downloaded on - 24-02-2020 09:03:51 ::: CM-1999-CWP- 2020 in/and -3- CWP No. 34111 of 2019 may be. Grant of the stay in this writ petition shall not influence the first respondent, the Appellate Authority, in any manner while dealing with the stay application/appeal filed by the petitioner.
No order as to costs.
(SANJAY KUMAR)
JUDGE
14.02.2020
rakesh
whether speaking/non speaking : Yes/no
whether reportable/non reportable : Yes/no
3 of 3
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