IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 14429 of 2009 Date of Decision: 16.9.2009. Sukhdev Singh --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. N.P.S. Mann, Advocate for the petitioner. Mr. C.L. Premy, Advocate for the caveator. *** PERMOD KOHLI.J (ORAL) Respondent no.6 is the elected Sarpanch of the Gram Panchayat of village Mundh, Block Nakodar, Distt. Jalandhar. A complaint was lodged against him for non-holding of statutory meetings. Respondent no.5 on the said complaint called for special meeting of the Gram Panchayat on 6.8.2009. Respondent no.5 after recording statements of the members of the Gram Panchayat made recommendations to respondent no.3 for action as the Sarpanch allegedly could not hold two consecutive meetings as required under law. Respondent no.4 on receipt of the aforesaid recommendations again issued a notice for conducting an inquiry. Respondent no.6, however, made an application to the respondent no.2 and on the said application respondent no.2 has passed the following order:- “ Order: The proceedings Under Section 5 are hereby stayed. Inquiry be conducted by D.D.P for further necessary action. Chandigarh Gurdev Singh Sidhu Dated: 12.8.2009 Director, Rural Development & Panchayat Department.” CWP. No. 14429 of 2009 -2- It is this order which is under challenge in the present petition. The order has been challenged primarily on the ground that this order is without jurisdiction as no adverse or penal action has been initiated against respondent no.6. Respondent no.6 has approached respondent no.2 with a mere application and respondent no.2 has stayed the proceedings before the competent authority without any valid reasons. I have heard learned counsel for the petitioner and the counsel for the caveator. From the perusal of the impugned order it appears that respondent no.2 has passed the aforesaid order merely on the application of respondent no.6 and without there being any jurisdiction or authority vested with him under law. Even if, it is assumed that the said respondent has the administrative authority to deal with the matter, no reasons have been recorded for staying the proceedings under Section 5. Since the order suffers from the total non-application of mind and seems to be without any legal sanction, the same is hereby set aside. However, it is left to the competent authority to pass the appropriate order, if, permissible under law and by observing the principles of natural justice and the prescribed procedure. (PERMOD KOHLI) JUDGE 16.9.2009 lucky