CWP No. 18813 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.18813 of 2011 Date of decision: 4.10.2011 Balkar Singh, Panchayat Secretary ...Petitioner Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sukhjinder Singh, Advocate for the petitioner. Rajan Gupta, J (oral). In this petition filed under Article 226 of the Constitution of India, the petitioner has challenged order dated 16th August, 2011, Annexure P-6, whereby he has been placed under suspension and an enquiry has been instituted against him. Learned counsel for the petitioner submits that in terms of Sections 26 & 87 of the Punjab Panchayati Raj Act, no duty was cast upon the petitioner to utilize the grant meant for implementation of NREGA Scheme. According to him, the suspension order is against the rules and deserves to be quashed. Vide order, Annexure P-6, passed by Director-cum-Special Secretary to Government of Punjab, the petitioner was placed under suspension by invoking Rule 7.2 Part-1, Volume-1 of the Punjab Civil Services Rules, allegation against him being that he failed to utilize the funds meant for NREGA Scheme within the stipulated period. CWP No. 18813 of 2011 2 Admittedly, enquiry proceedings against the petitioner are yet to commence. The factual contention made before this court that it was not the petitioner's duty to utilize the funds, can be appreciated only by the Enquiry Officer during the proceedings. Sections 26 & 87 pertain to Constitution of Panchayat Secretary Service and custody and maintenance of Gram Panchayat records and properties. It is inexplicable how said provisions can be interpreted to mean that no duty was cast on the petitioner for implementation of the NREGA scheme. The petition is without any merit and is hereby dismissed. Nothing observed herein shall, however, be deemed to be an expression of opinion on merits of the case. (RAJAN GUPTA) JUDGE 4.10.2011 'rajpal'