Civil Writ Petition No. 10586 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 10586 of 2009 Date of Decision: 4.8.2010 Dev Raj …Petitioner Versus The Deputy Commissioner, Sonepat and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vikram Punia, Advocate for the petitioner. Mr. Himanshu Raj, Assistant Advocate General, Haryana, for respondents No.1 to 3. Mr.Sushil Jain, Advocate for respondents No.4 to 6. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioner has submitted that earlier, on the same allegations, an enquiry was held against the petitioner and he was absolved in the Enquiry Report, submitted by respondent No.3- Block Development and Panchayat Officer, Rai. It is further submitted that subsequently a notice for personal hearing (Annexure P4) has been issued for extraneous reasons, at the behest of respondent No.4, who is a son of Kaushalya Devi, respondent No.5, Ex-Sarpanch and the proceedings have been initiated. Learned counsel further submitted that fair and impartial decision, in pursuance of Show Cause Notice (Annexure P4), shall not be taken by the Deputy Commissioner, Civil Writ Petition No. 10586 of 2009 2 Sonepat. Learned counsel for the State has referred to Section 51 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as “1994 Act”) and submitted that the Director, Rural Development and Panchayats, Haryana and the Deputy Commissioner have a concurrent jurisdiction to determine the proceedings under Notice (Annexure P4). After hearing learned counsel for the parties, this Court is of the view that fair play demands that the proceedings arising out of Annexure P4 be transferred to the Director, Rural Development and Panchayats, Haryana. Accordingly, the proceedings arising out of the Notice (Annexure P4) shall stand transferred to the Director, Rural Development and Panchayats, Haryana. The petitioner shall appear before him on 1.9.2010 and submit his reply to the Notice (Annexure P4). The Director, Rural Development and Panchayats, Haryana, after following due procedure, shall decide the proceedings emanating from Annexure P4. With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge August 4, 2010 “DK”