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JASWANT SINGH versus SPECIAL SECRETARY TO GOVERNMENT

High Court of Punjab and Haryana, Chandigarh

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Jaswant Singh v. Special Secretary to Government - CWP-2508-2006 [2006] RD-P&H 4595 (21 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Civil Writ Petition No. 2508 of 2006

Date of Decision : July 28, 2006

Jaswant Singh

... Petitioner

Versus

Special Secretary to Government

Punjab and others .. Respondents

CORAM : Hon`ble Mr. Justice Jasbir Singh,
Hon`ble Mr. Justice Pritam Pal.

Present : Shri Sarbjit Singh Hira, Advocate, for the petitioner.

Shri P.S.Chhinna, Addl. A.G. Punjab,

for the respondent-State.

Shri N.S.Lucky, Advocate,

for Shri G.S.Nagra, Advocate,

for respondent No.3.

JASBIR SINGH, J. (Oral)

Petitioner, who is the Sarpanch of Gram Panchayat, Village Haripur, Hoshiarpur, has filed this writ petition with a prayer to quash order dated 19.7.2005 (Annexure P/2) vide which he was placed under suspension and also to quash order dated 21.12.2005 (Annexure P/3) dismissing his appeal.

By referring to the impugned orders, counsel for the petitioner has stated that before placing the petitioner under suspension, no show cause notice was issued to him.

Shri Chhinna, learned State counsel, very fairly conceded that no opportunity of hearing before passing the impugned order, Annexure P/2, was granted to the petitioner.

This Court feels that there is a clear violation of the principles of natural justice. Keeping in view the ratio of judgment of the Full Bench in Kashmiri Lal V. The Dy. Commr. Sonepat and others AIR 1980 (Pb & Hr.) 209 and also two Division Bench judgments in Chand Vs. Special Secretary to Govt. of Punjab, Rural Dev. & Panchayats Deptt., Chandigarh and ors. 2004 (4) RCR (Civil) 481 and Mange Ram, Sarpanch, Gram Panchayat, Khapar Vs. Financial Commissioner and Secretary to Government, Development and Panchayat Department, Haryana and others 1997 (1) PLJ 437, this writ petition is allowed. The orders, under challenge, are set-aside. However, liberty is granted to the respondents to pass fresh order as per law.

[ JASBIR SINGH ]

JUDGE

[ PRITAM PAL ]

July 28, 2006 JUDGE

som


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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