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Showing contexts for: SONEPAT in Hazari Lal, Sarpanch, Gram Panchayat vs The Financial Commissioner And ... on 31 March, 2003Matching Fragments
1. This is a petition for quashing orders dated 6.5.2002 (Annexures P.3 and P.4) passed by Deputy Commissioner, Sonepat (respondent No. 2) and order dated 3.7.02 (Annexure P.5) passed by Financial Commissioner and Principal Secretary to Government, Haryana, Development and Panchayats Department (respondent No. 1) under Sections 51(1)(b) and 51(5) of the Haryana Panchayati Raj Act, 1994 (for short, 'the Act) respectively.
2. The petitioner was elected as Sarpanch of Gram Panchayat, Harsana Kalan, Block Sonepat in the year 2000. In January, 2002, the Gram Panchayat received grant from the State and Central Government for digging ponds in the village under JGSY and EAS schemes. The work under those scheme was to be done by engaging labourers who were to be paid wages in the form of wheat. Accordingly, the Gram Panchayat started the work of digging the ponds. On 19.2.2002, Block Development and Panchayat Officer, Sonepat (respondent No. 3) sent letter No. 358 to the petitioners to clarify his position against the alleged use of JCB machine for digging the ponds in violation of the provisions of the schemes. On 21.12.2002, the Economist from the office of Additional Deputy Commissioner, Sonepat, Sub Divisional Officer (Panchayati Raj), Sonepat and Junior Engineer are said to have visited the spot and found that digging was being carried out by JCB machine. They are said to have asked the petitioner to stop the use of JCB machine but he did not comply with their directive. Upon this, respondent No. 3 sent report to respondent No. 2 incorporating the alleged violation of the scheme by the petitioner. Vide letter dated 27.3.2002, respondent No. 2 asked respondent No. 3 to conduct preliminary enquiry. The latter submitted report with the finding that the petitioner is prima facie guilty of the following allegations:
"That vide letter No. 358 dated 19.2.2002 of Block Development and Panchayat Officer, you were asked to give clarifications and not to use JCB machine and getting the pond dug manually in accordance with the Government procedure but despite the receipt of the letter you continued the work of digging the pond with the JCB machine. On 21.2.2002, the economist from the office of Addl. D.C. Sonepat, Sub Divisional Officer (Panchayat Raj), Sonepat and Junior Engineer went to the spot. At that time also, the digging of the pond was being carried on by JCB machine. At the spot despite told not to do so, you continued to dig the pond with the help of JCB machine. Thereafter, BDPO and Social Education Officer went to the spot, the digging was being conducted with the JCB machine and dampers were also employed. And the filling of the plots was being carried on by the villagers with the help of the dampers. The machine and the dampers were stopped at the spot but you did not cooperate in stopping the same. Rather, you instigated the villagers by using inciting words for doing illegal acts and tried to spoil the social atmosphere of the village. Thus, you have misused your position by not getting the pond dug manually and by getting the same done with the help of JCB machine which is not in accordance with the government instructions for which you are guilty,"
However, without even adverting to his reply, what to say of objectively considering the same, respondent No. 2 passed two orders dated 6.5.2002 (Annexures P.3 and P.4). By one order (Annexure P.3), he placed the petitioner under suspension. The relevant extracts of that order are reproduced below:
"As per the preliminary enquiry report of BDPO Sonepat, Shri Hazari Lal Sarpanch, Harsana Kalan, Block Sonepat has been found guilty of following allegations:
The order for conducting a regular enquiry has already been passed vide letter No. 1732-36/Panchayat dated 6.5.2002 under Section 51(3) of Haryana Panchayati Raj Act, 1994 against Shri Hazari Lal Sarpanch.
Therefore, I, S.N. Rai, IAS am convinced that the allegation levelled against Hazari Lal Sarpanch is so serious in nature that he can be removed from the post of Sarpanch. Therefore, exercising the powers conferred under Section 51(1)(b) Haryana Panchayati Raj Act, 1994, I hereby suspend Shri Hazari Lal Sarpanch, Harsana Kalan, Block Sonepat, from his post. Shri Hazari Lal Sarpanch, Harsana Kalan, Block Sonepat is directed to hand over all movable/immovable properties to the Panch in majority forthwith."