In the High Court of Punjab and Haryana at Chandigarh CWP No. 6812 of 2008 Date of decision:20.5.2008 Tarsem Singh Rai ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.M.S.Kang, Advocate with Mr.H.S.Sethi, Advocate, for the petitioner. Mr.Salil Sagar, Addl.A.G.Punjab with Mr.Suvir Sehgal, Addl.A.G.Punjab. Mr.R.S.Rai, Sr.Advocate with Mr.Rajeev Anand, Advocate for respondent No.3. **** JUDGMENT M.M.KUMAR, J. The instant petition filed under Article 226 of the Constitution prays for quashing of suspension order dated 24.3.2008 (Annexure P-1) alleging that it is actuated by malafide. According to the reply, charge sheet (Annexure R-1/2) has been issued to the petitioner which has listed the following charges:- “ 1. Works amounting to Rs.73,000/- were done at Kothi No.1985 in which Deputy Commissioner S.A.S.Nagar occupied unauthorizedly (As reported by Executive CWP No. 6812 of 2008 -2- Officer Mohali vide his letter No.5161 dated 27.12.2007) like changing of tiles in bathroom, oil bound distemper, polishing of floors, snow cem, wooden repair, paint an old wooden material and repair of bathroom without any estimate. 2. Non following the instructions issued by letters of Executive Officer repeatedly and not taking effective action for recovering rent of charges from telephone chamber of telecom companies which Local Government Punjab vide his (letter No.CTP (LG)-2-5-1986-2001 dated 30.9.2005) issued orders to charge rent from telephone companies for making main hole chambers in municipal limit at the rate of per thousand per year. 3. Contradictory statements given in letter No.1189 dated 22.10.2007 and his statement for the construction of wall between kothi No.1984 and 1985 and misleading the Government. On the basis of above facts, you are responsible for charges of failing in performing your duties properly and you misled the Government and caused financial loss.” In order to find out the authenticity of charge No.1 and satisfy ourselves, we directed the respondents to file an affidavit vide order dated 12.5.2008 which reads thus:- “Counter affidavit on behalf of respondents No.1,2,5, and 6 has been filed in Court today, a copy CWP No. 6812 of 2008 -3- thereof has been furnished to the learned counsel for the petitioner. One allegation levelled against the petitioner is that he has carried repair works in a house bearing No.1985, which according to the learned State counsel has been occupied unauthorisedly by the Deputy Commissioner, SAS Nagar, Mohali. Let an affidavit of the Secretary, Local Body, Government Punjab-respondent No.1 or the Director, Legal Self Government, Punjab-respondent No.2 to the effect that Deputy Commissioner, SAS Nagar, Mohali has occupied the aforesaid house unauthorisedly be filed within one week with a copy in advance to the learned counsel for the petitioner. List again on 20.5.2008. Be shown in the urgent list.” In pursuance to order dated 12.5.2008 an affidavit of the Special Secretary-cum-Director, Local Government Department, Punjab, Chandigarh has been filed in the Court today. In para 3 of the affidavit, the following averments have been made:- “That in compliance of the said order of this Hon'ble Court deponent states that the Kothi No.1985, Phase-V, SAS Nagar, patently belongs to Municipal Counci, Mohali, earmarked for President which was forcefully and unauthoisedly occupied by the then Deputy CWP No. 6812 of 2008 -4- Commissioner, Sh.H.I.S. Grewal on 2.4.2007. It is a case of high handedness on the part of then Deputy Commissioner, wherein he has misutilized his official position, as Deputy Commissioner in a most uncivilized manner. The matter has been reported in the various newspapers dated 17.4.2007. The Deputy Commissioner did not have any valid/legal permission from the Local Bodies Department for occupying the said house. The matter has been taken up by the then Executive Officer, Mohali with the Local Government Department. The matter has been taken at the highest level by the Local Bodies Department i.e. With Financial Commissioner, Revenue and Chief Secretary, Punjab. The matter with regard to imposing rent as assessed by the Public Works Department, on the unauthorised occupant i.e. Deputy Commissioner, Mohali has been taken up with the Financial Commissioner, Revenue. In the present case, it will be appropriate to seek a direction from the Hon'ble Court that since Kothi No.1985, Phase-V, Mohali is valuable property of the Municipal Council, Mohali, as such, the Deputy Commissioner, Mohali may be directed to vacate the unauthorizedly occupied house with immediate effect and it should not be made a precedent so that new incumbent i.e. Deputy Commissioner occupy the same; as it will CWP No. 6812 of 2008 -5- divest the Municipal Council of its valuable property i.e. Kothi No.1985. The deponent crave leave to refer record at the time of hearing in this regard.” The petitioner has been placed under suspension on the basis of various allegations made against him. The chargesheet dated 9.5.2008 (R-1/2) has been placed on record alongwith the details of allegations against the petitioner. Learned State counsel, after obtaining instructions from Paramjit Singh, Senior Assistant, office of Director, Local Self Government, Punjab-respondent No.2, states that the enquiry against the petitioner shall be completed on or before 20.8.2008 and after completion of enquiry. The whole procedure including issuance of show cause notice etc. shall be completed within a period of two weeks thereafter. He has further stated that the head quarter of the petitioner shall be fixed at Ropar instead of Gurdaspur. The writ petition is disposed of in the above terms. (M.M.KUMAR) JUDGE (SABINA) May 20, 2008 JUDGE anita