High Court of Punjab and Haryana, Chandigarh
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Gurmukh Singh v. State of Punjab etc. - CWP-19684-2006  RD-P&H 12096 (7 December 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Writ Petition No.19684 of 2006
Date of Decision : Dec. 12, 2006
State of Punjab etc.
CORAM : Hon`ble Mr. Justice Jasbir Singh,
Hon`ble Mr. Justice Pritam Pal.
Present : Shri J.S. Bhandohal, Advocate, for the petitioner.
JASBIR SINGH, J. (Oral)
By filing this writ petition, petitioner has laid challenge to order, dated 22.11.2006 (Annexure P/1), vide which revision filed by the him was dismissed. Challenge has also been laid to the order dated 24.10.2006 (Annexure P/2), vide which the resolution, whereby the petitioner was appointed as authorized Panch, was cancelled.
It is apparent from record that the post of Sarpanch had temporarily fallen vacant on account of her leaving the country with permission. By passing a resolution, the petitioner was appointed as an authorized Panch. That resolution was challenged and was cancelled on the Civil Writ Petition No.19684 of 2006 2
ground that since the post which had fallen vacant was held by a lady Sarpanch, the same can be filled-up only by appointing a lady as an authorized Panch. To say so, reliance has been placed on Government instructions dated 11.12.2001 (Annexure P/12). Revision of the petitioner has also been dismissed by taking note of the above said instructions.
We feel that the orders passed by the authorities below are fully justified. The instructions, Annexure P/12, clearly mentions that when any post has fallen vacant, the same has to be filled-up only by appointing a person from the same category.
No case is made out for interference.
[ JASBIR SINGH ]
[ PRITAM PAL ]
Dec.12, 2006 JUDGE
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