IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 15781 of 2009 Date of Decision: 14.10.2009. Gurmail Singh --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. V.K. Shukla, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion to respondents no.1 to 4 only. Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept notice on behalf of respondents. Copies furnished. Keeping in view the nature of controversy, this petition is being disposed of at the motion stage itself. The respondent no.5 is the elected Panch of Gram Panchayat of village Thathi Bhai, Tehsil Baghapurana, Distt. Moga. On the basis of certain allegations made against the respondent no.5, an inquiry was conducted by the Divisional Deputy Director, Rural Development and Panchayat, Ferozepur, who concluded that the husband of respondent no.5 is in illegal possession of the land. On the basis of the aforesaid inquiry the Director, Rural Development & Panchayat Department was required to pass appropriate order. The Director vide order dated 9.7.2009 (Annexure P-6) has exonerated the respondent no.5 from the allegations/charge. The petitioner has filed this petition challenging the aforesaid order primarily on the ground that the order impugned is totally non-speaking. CWP. No. 15781 of 2009 -2- I have perused the impugned order. Respondent no.2 while passing the aforesaid order has not recorded any reason whatsoever for exonerating the respondent no.5. The order is not sustainable in law. In view of the above circumstances, this petition is allowed. Impugned order (Annexure P-6) is hereby set aside and the matter is remitted back to respondent no.2 with a direction to pass a fresh speaking and reasoned order, taking into consideration the inquiry report etc. within a period of three months from the date certified copy of this order is served upon the said respondent. (PERMOD KOHLI) JUDGE 14.10.2009 lucky