CWP No. 11604 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh CWP No.11604 of 2011 Date of decision:07.07.2011 Jai Hind Singh...............................................................Petitioner versus State of Haryana and another.......................................Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Y.P.Malik, Advocate for the petitioner. --- SABINA,J. Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing of the impugned order dated 6.1.2011( Annexure P3) whereby he was placed under suspension and the order dated 24.5.2011 (Annexure P11) whereby his appeal against the order dated 6.1.2011 (Annexure P3) was dismissed. The case of the petitioner, as stated in the petition, in brief, is that he was working as a Sarpanch of the village Gatauli. On 29.9.2010, a fight took place between two parties and as a result, both the parties suffered injuries. The petitioner was CWP No. 11604 of 2011 2 falsely involved in the said occurrence due to party faction. Petitioner was placed under suspension on the allegation that he was involved in a criminal case under Section 307 of the Indian Penal Code(`IPC' for short). However, during investigation, it transpired that the involvement of the petitioner in the occurrence was under Section 120-B IPC. Chhottu Ram, Station House Officer was having an ill-will against the petitioner and due to this reason, the petitioner has been falsely involved in the criminal case. Challan has been presented against the petitioner and nine others in FIR No.213 dated 29.9.2010 under Sections 323, 324, 326, 148,149 IPC (Section 307 IPC was added later on). After reinvestigation, calendra was presented in the Court against the petitioner under Section 120-B IPC. Petitioner was ordered to be released on bail by this Court in Criminal Misc. No.M- 36704 of 2010 decided on 28.2.2011. The member Panchayat- Zile Singh, who had been appointed as authorized Sarpanch, had resigned from the Office. That all the members of the Panchayat had moved an application seeking reinstatement of the petitioner as he was suspended after registration of criminal case against him. The appeal filed by the petitioner against the order of suspension was also dismissed by the Appellate Court. Hence, the present petition. Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in the criminal case by the Station House Officer concerned due to enmity. After hearing the learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. A criminal case has been registered against the petitioner. Petitioner was arrested on 23.11.2010 and was released on bail, in CWP No. 11604 of 2011 3 pursuance of order passed by this Court on 28.2.2011 in Criminal Misc. No. M-36704 of 2010, on 4.3.2011 by the Additional Chief Judicial Magistrate Jind. During investigation, the involvement of the petitioner in the criminal case is under Section 120-B IPC i.e. Criminal Conspiracy. Now the matter is pending before the Criminal Court for further proceedings. As per Section 51 of the Haryana Panchayati Raj Act, 1994, a Sarpanch can be suspended where a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Director, or Deputy Commissioner's concerned the charge made or proceeding taken against him, is likely to embarrass him in the discharge of his duties or involves moral-turpitude or defect of character. Since the petitioner is involved in a criminal case, the suspension of the petitioner is liable to be upheld. No ground for interference is made out. Dismissed. ( Sabina ) Judge July 07, 2011 arya