IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13319 of 2010 Date of decision: 23rd September, 2010 Massa Ram … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.S. Sandhawalia, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No.1 to 5. Mr. Rai Singh Chauhan, Advocate for respondent No.6. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Grievance of the petitioner, in the present writ petition, is that communication (Annexure P-4) dated 10th June, 2010, whereby District Development & Panchayat Officer, Kapurthala was directed by the Director, Rural Development and Panchayat Department, Punjab to approach the police for registration of a case against the petitioner, be quashed. A perusal of the communication (Annexure P-4) reveals that the petitioner was found guilty of misappropriating a sum of Rs.92,318/-. Counsel for the petitioner has heavily relied upon the enquiry report (Annexure P-3) to urge that the petitioner cannot be prosecuted on the basis of enquiry report (Annexure P-3). Be that as it may, recovery of the funds entrusted, removal of a Sarpanch and the penal consequences etc. pertain to the spheres of Civil Writ Petition No.13319 of 2010 different authorities, which have to take action or absolve the concerned, exercising powers in their own domain. In these circumstances, it is directed that before registration of any case against the petitioner, the concerned police officials shall formulate their own independent opinion and if they come to a conclusion that any cognizable offence is made out, then only a criminal action shall be initiated against the petitioner. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE September 23, 2010 rps 2