IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.307 of 2011 (O&M) Date of decision: 17.5.2011 Hardeep Singh. -----Appellant. Vs. State of Punjab & others. -----Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Anil Kumar Garg, Advocate for the appellant. --- 1. Whether the reporters of local newspapers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the digest or not? ADARSH KUMAR GOEL, ACJ. 1. This appeal has been preferred against order of learned Single Judge dismissing the writ petition as not maintainable. 2. The writ petition was filed against order of the Director, Rural Development and Panchayat, Punjab rejecting the complaint of the appellant against Sarpanch and Panches of Village Batta, Tehsil Kharar, District Mohali alleging abuse of position in passing a resolution on a plain paper without meeting L.P.A. No.307 of 2011 of the Panchayat being held. The allegation was denied and after inquiry, no substance was found in the allegation. The impugned order, inter-alia, reads as under:- “Sarpanch and panches submitted that allegations put on them are false rather the truth is that a letter was received from S.D.O. Water Supply regarding that water tank is to be installed in the village with the help of World Bank, in which he asked the Panchayat to constitute a Water Supply Committee. He according to law constituted a Committee and the proceeding of same was incorporated in the register of Water Supply and sent the same to S.D.O. Water Supply. After that S.D.O. Water Supply registered this wrongly incorporated resolution of Gram Panchayat, in the proceeding of Panchayat and Panchayat again incorporated this resolution in the proceedings of Panchayat which is incorporated at page no.33-34 of Panchayat proceedings. Thus this resolution has not been incorporated with any malafide intention rather has been incorporated on asking by higher officials. So the Sarpanch and panch requested that the case against them be filed. From the perusal of record produced in the file and the reply to the Sarpanch/Panch, I have reached on the conclusion that the letter which was received by Balbir Singh Sarpanch, Sh. Rana Singh Panch, Sh. Balwinder Singh Panch and Smt. Nirmala Devi Panch from S.D.O. Water Supply, in that the Panchayat was asked to constitute a Water Supply Committee. They constituted the Committee as per law and incorporated this proceeding in the proceeding register of Water Supply and gave to S.D.O. So the 2 L.P.A. No.307 of 2011 allegation against them is not proved. So the show cause notice issued by this office vide Reminder Letter No.6/9/09-Mohali-S/17062 Dated 4-9-09 against Sh. Balbir Singh Sarpanch, Sh. Rana Singh Panch, Sh. Balwinder Singh Panch and Smt. Nirmala Devi Panch, Gram Panchayat Batta, Block Kharar, District Mohali is filed.” 3. Learned Single Judge relied upon Full Bench judgment in Saktu Ram v. State of Haryana and others 1988 (2) PLR 65, wherein it was held that for revoking suspension of a Sarpanch, the complainant was not required to be heard. 4. We have heard learned counsel for the appellant. 5. Learned counsel for the appellant submits that the appellant was affected party being the complainant and could have filed a writ petition against the order rejecting his complaint. Reliance has been placed on judgment of this Court Ram Phal v. Financial Commissioner and Secretary to Govt. Haryana 1996(1) PLR 233 holding that a complainant could maintain an appeal against an order rejecting the complaint. 6. We are of the view that even if the writ petition is held to be maintainable, there is no case on merits for interference in view of finding of fact recorded by the Director, Rural Development and Panchayat, Punjab which finding is not shown to be perverse that due procedure was followed in passing the resolution. 3 L.P.A. No.307 of 2011 7. In this view of the matter, we do not find any merit in this appeal and the same is dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE May 17 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 4