IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13573 of 2009 Date of decision: 13th July, 2010 Gurmail Kaur … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harbhajan Singh Dhandi, Advocate for the petitioner. Mr. J.S. Puri, Additional Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner-Gurmail Kaur was elected as a Sarpanch of Gram Panchayat, village Tarain in District Patiala in the year 2003 and served as such upto the month of June 2008. Earlier thereto, her husband-Jagtar Singh was Sarpanch of the village. Various complaints were received regarding the conduct of the petitioner. An enquiry was conducted by the Executive Engineer, Panchayati Raj, Public Construction Division, Bathinda, who indicted various officials of the Department along with the petitioner. Thereafter, an enquiry was conducted by Executive Engineer, Panchayati Raj, Patiala. Respondent No.2-Director, Rural Development and Panchayats Department, Punjab passed the impugned order dated 30th July, 2009 (Annexure P-6) whereby the petitioner was removed from the office of Sarpanch and was disqualified to contest election for a Civil Writ Petition No.13573 of 2009 period of five years. It was further ordered that recovery of the amount embezzled was to be effected from the petitioner. An amount of compensation was also to be assessed regarding the Panchayati land, which remained in possession of her husband, as the petitioner failed to auction the Panchayati land. In pursuance of the impugned order (Annexure P-6), respondent No.4 issued a show-cause-notice to the petitioner. In the present writ petition, a prayer has been made that the order (Annexure P-6) be quashed, inter-alia on the following grounds: (a) That the enquiry report (Annexure P-4) submitted by the Executive Engineer, Panchayati Raj, Public Construction Division, Bathinda indicted various officials of the Department, no action has been taken against them. (b) That the enquiry report submitted by the Executive Engineer, Panchayati Raj, Patiala was a one sided affair and therefore, the same be kept out of consideration, as various officials of the Department were shielded. (c) That after the findings recorded by the Director, Rural Development and Panchayats Department, Punjab in the impugned order (Annexure P-6), respondent No.4-Block Development and Panchayat Officer, Sanaur, in pursuance of the show-cause-notice, will not be able to hold any independent enquiry and he shall be influenced by the observations made by the Director, Rural Development and Panchayats Department, Punjab, who is a superior officer to the BDPO. 2 Civil Writ Petition No.13573 of 2009 To controvert these submissions, Mr. J.S. Puri, Additional Advocate General, Punjab has stated that to allay the apprehensions of the petitioner, at his asking, this Court may observe that the BDPO shall proceed with the matter after a reply is received from the petitioner to the show-cause-notice, uninfluenced by the observations of the Director, Rural Development and Panchayats Department, Punjab. Mr.Puri has further stated that the petitioner will have the full opportunity to assail the reports submitted by the Executive Engineer, Panchayti Raj, Public Construction Division, Bathinda and the Executive Engineer, Panchayti Raj, Patiala, by filing her objections. Counsel for the State has submitted that once the BDPO considers the objections and arguments raised by the petitioner, then the petitioner will have the remedy to assail the order of the BDPO, if the same adversely affects her. This Court appreciates the fair stand taken by counsel for the State. In view of the statement made above by the counsel for the State, the present writ petition is disposed of, with a direction that BDPO shall also adheres to the same, and petitioner will be at liberty to avail remedy against the order passed by BDPO, in case same is passed against the petitioner. [KANWALJIT SINGH AHLUWALIA] JUDGE July 13, 2010 rps 3