IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20944 of 2010 Date of decision: 25th November, 2010 Sukhwinder Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rai Singh Chauhan, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner is the complainant, who instituted a complaint against respondent No.5-Harjinder Singh, Sarpanch of Gram Panchayat, village Panjeta, District Ludhiana alleging that he committed a fraud and misappropriated funds of the Gram Panchayat by removing two eucalyptus trees and two mulberry (Shehtoot) trees and selling the same for an amount of Rs.21,000/-. An enquiry was assigned to the Additional Deputy Commissioner (Development), Ludhiana, who vide his report (Annexure P-3) dated 5th March, 2010, on the basis of evidence concluded that on the night intervening 14th and 15th June, 2008 and on the night of 20th June, 2008, the trees fell down and they were sold for an amount of Rs.2,100/-, whereas the Sarpanch, against whom the complaint was filed, only took over the oath of his office on 11th July, 2008, therefore, on the basis of fact finding enquiry, it has been held that the Sarpanch had committed no misappropriation. The following portion of the enquiry report (Annexure P-3) absolves the respondent-Sarpanch: Civil Writ Petition No.20944 of 2010 “On scrutiny of above report and perusal of report of Secretary and regarding this the village respectables and Panches have also submitted their affidavit that Sh.Harjinder Singh-Sarpanch has no fault in cutting the trees and selling them, because at that time new election of Panchayat had been held. When this incident happened at that time Harjinder Singh-Sarpanch was not appointed on his rank. These trees were fallen in the intervening night of 14-15 June 2008. Sh. Harjinder Singh Sarpanch had taken oath of his rank on 11 July 2008. From this it proves that at that time Sh.Harjinder Singh was not the Sarpanch of the village. The allegation of uprooting trees and selling them, against Sh.Harjinder Singh is not proved. Report is submitted to you for further necessary action.” On the basis of enquiry held, vide communication (Annexure P-4) dated 21st April, 2010 the complaint instituted by the petitioner was filed. Aggrieved against the same, the petitioner preferred an appeal. The appellate authority concurred with the findings of fact recorded by the Enquiry Officer. A writ Court cannot reappreciate or do reappraisal of the evidence. Even the writ Court is not a Court of appeal. In the present case, right of appeal has already been exercised by the petitioner. No patent illegality or irregularity has been pointed out. Hence, no interference is warranted to disturb the finding of fact in the present writ petition and the same is hereby dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE November 25, 2010 rps 2