Civil Writ Petition No. 13951 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 13951 of 2010 Date of Decision: 22.12.2010 Bhajan Kaur …Petitioner Versus The State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Balbir Singh Jaswal, Advocate for the petitioner. Mr. Anil Kumar Sharma, Additional Advocate General, Punjab, for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed praying that the writ in the nature of certiorari be issued and the impugned order dated 4.3.2010 (Annexure P8), passed by respondent No.2-Director, Rural Development and Panchayats, Punjab, whereby the petitioner was suspended from the post of Sarpanch along with the order dated 24.5.2010 (Annexure P11), whereby the Appellate Authority had affirmed this order, be quashed. The primary grievance of the petitioner is that earlier, two enquiries were held against her and she was absolved of the charges. It is further submitted that now, due to political influence, on a telephonic call given by respondent No.2, a tailor-made enquiry was held by the Civil Writ Petition No. 13951 of 2010 2 Additional Deputy Commissioner, Amritsar and the petitioner was held guilty of the charges of which she was earlier absolved in two enquiry reports. Learned counsel for the petitioner submits that similarly situated Panches of the same Gram Panchayat, namely Navjot Kaur and Sohan Singh have been absolved of the charges and they have been reinstated. Learned counsel for the respondents submits that on this very allegation, the Criminal Court has framed charges against the petitioner and furthermore the regular enquiry report has been received by respondent No.2 and on basis thereof a fresh order shall be passed. It is further submitted that the order of suspension cannot continue for all times to come and a decision has to be taken by the Authorities on the regular enquiry report, submitted by the Additional Deputy Commissioner, Amritsar. After hearing learned counsel for the parties, respondent No.2- Director, Rural Development and Panchayats, Punjab, is directed to take a final decision on the regular enquiry report, submitted by the Additional Deputy Commissioner, Amritsar, after affording opportunity of hearing to the petitioner. The petitioner shall be well within her rights to urge before respondent No.2 that in the earlier two enquiries, she was absolved of the charges, therefore, the third inquiry report should be kept out of consideration. The petitioner may also urge before respondent No.2 that similarly situated Panches of the same Gram Panchayat namely Navjot Kaur and Sohan Singh have been absolved of the charges. Respondent No.2 shall pass the necessary order noticing the above said contentions. The needful shall be done by respondent No.2 within a Civil Writ Petition No. 13951 of 2010 3 period of three months, from the date of receipt of a certified copy of this order. With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge December 22, 2010 “DK”