Civil Writ Petition No.6096 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6096 of 1989 Date of Decision: 29.06.2010 R.K.Gupta ........Petitioner Versus The State of Haryana & another .......Respondents CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. Ravi Sharma, Advocate for the petitioner. Mr. Deepak Jindal, Addl. A.G., Haryana. ****** ALOK SINGH, J. (ORAL) Present petition has been filed by the petitioner challenging the order dated 6th July, 1988 (Annexure P-6) thereby two annual grade increments of the petitioner-R.K.Gupta, with cumulative effect, were directed to be stopped and an amount of Rs.36,000/- as loss caused to the Panchayat was directed to be recovered from him. The brief facts of the present petition are that an auction was held for the land comprising of No.131, Killa No.6,2/2,7,8,13 to 18, 22, 23, 24/1 Murabba No.132, Killa No.11, measuring 12 acre of Pabnawa Gram Panchayat. The said land was leased out for 5 years for Khatta i.e. from 27 July, 1976 to 26th July, 1981 by the Gram Panchayat @ Rs.350/- per acre/year and is less. The petitioner was Supervisor Officer under Order 7 (A) of The Punjab Village Common Lands Act, 1961. Petitioner was charge-sheeted alleging he has allowed auctioning of the land @ Rs.350/- per acre per year against Rs.950/- per acre/year that is why due to his action, he caused wrongful loss amounting to Rs.36,000/- to the Civil Writ Petition No.6096 of 1989 -2- Panchayat. Departmental enquiry was held against the petitioner and ultimately, impugned order dated 6th July, 1988 was passed directing to stop two annual grade increments of the petitioner with cumulative effect and further to recover Rs.36,000/- from the petitioner. Learned counsel for the petitioner vehemently argued that the very auction was challenged in the Court of Assistant Collector Gr.-I, under Section 10-A of The Punjab Village Common Lands Act, on the ground it was wrongly auctioned @ Rs.350/- per acre per annum while it should have been auctioned on the higher prevailing rates. Learned counsel for the petitioner further argued that vide judgment dated 27.11.1979 (Annexure P-2), the petition under Section 10-A of the Act was dismissed and the auction @ Rs.350/- per acre per year was upheld. He further contends that in view of the judgment in judicial side dated 27.11.1979, the order impugned is liable to be set aside. I have perused the entire record. Undisputedly, the very auction dated 27th July, 1976 was challenged in judicial side under Section 10-A of the Punjab Village Common Lands Act and that petition was dismissed vide judgment dated 27.11.1979 upholding the auction. If in judicial side, auction is upheld at the lower rate of Rs.350/- per acre per annum then the petitioner cannot be held guilty for allowing the auction @ Rs.350/- per acre per annum saying it should have been auctioned @ Rs.950/- per acre per annum. Order impugned does not stand in legal scrutiny and is liable to be set aside. Accordingly, present petition is allowed. Order impugned dated 6th July, 1988 is quashed. No order as to costs. June 29, 2010 (ALOK SINGH) Gagan JUDGE