CWP No. 11582 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh CWP No. 11582 of 2011 Date of decision: 7.7.2011 Mohinder Kaur ......Petitioner Versus Financial Commissioner cum Principal Secretary and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms.R.K.Thind, Advocate, for the petitioner. **** SABINA, J. Petitioner Mohinder Kaur, Sarpanch of Gram Panchayat Mehnian Kuharan has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the order dated 9.5.2011 (Annexure P-10) passed by respondent No.1 and order dated 3.3.2011 (Annexure P-8) passed by respondent No.2, whereby she has been suspended from the post of Sarpanch. Case of the petitioner, as stated in the petition, in brief, is CWP No. 11582 of 2011 2 that she was elected as a sarpanch of gram panchayat Mehnian Kuharan on a post reserved for Scheduled Caste category. The work of the gram panchayat was running smoothly till May, 2010. Vide resolution dated 10.5.2010, it was resolved that action be taken against the persons who were in un-authorised occupation of shamlat land. Rashpal Singh, who was member of the panchayat, had illegally encroached upon the panchayat land and due to this reason, he filed a false complaint against the petitioner that she had embezzled the funds of the gram panchayat. An enquiry was held against the petitioner but she was not associated by the enquiry officer. The FIR was registered against the petitioner on 28.1.2011 under Sections 420 and 406 of the Indian Penal Code (IPC for short) at the instance of the Block Development and Panchayat Officer in pursuance of the enquiry conducted by him. A notice dated 16.2.2011 was issued by Deputy Director, Punjab to the petitioner asking her to file a reply to the allegations levelled against her. The petitioner submitted her reply to the said show cause notice. Despite that the petitioner was suspended vide impugned order dated 3.3.2011 (Annexure P-8). Appeal filed by the petitioner against the said order was dismissed vide order dated 9.5.2011 (Annexure P- 10). Learned counsel for the petitioner has submitted that the entire proceedings initiated against the petitioner were a result of political vendetta. The petitioner had been working as a sarpanch CWP No. 11582 of 2011 3 honestly. In fact, the false FIR had been got registered against the petitioner to make out the case for her suspension. After hearing learned counsel for the petitioner, I am of the opinion that the instant petition is devoid of any merit and deserves to be dismissed. The allegation against the petitioner is that she has embezzled the funds of the gram panchayat. In this regard, a criminal case has been registered against the petitioner under Sections 420/ 406 IPC. The allegations against the petitioner are such that it would not be in the public interest to allow the petitioner to continue in the office. The appellate authority had directed that regular enquiry be complted within a period of two months. In these circumstances, no ground for interference by this Court is called for. Accordingly, this petition is dismissed. (SABINA) JUDGE July 07, 2011 anita