CWP No.4639 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4639 of 2010 Date of decision : 14-07-2010 Idrish and another .... Petitioners VERSUS Financial Commissioner & Principal Secretary to Govt. Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashok Tyagi, Advocate, for the petitioners. Mr. Himanshu Raj, AAG, Haryana. Mr. R.S. Malik, Advocate, for respondent No.4. KANWALJIT SINGH AHLUWALIA, J. (Oral) The present writ petition has been filed to seek quashing of the order dated 12.01.2010 (Annexure P-4) whereby respondent No.1, in exercising appellate jurisdiction has set aside the order of suspension of respondent No.4. Respondent No.4 was elected as a Sarpanch in the year 2005. Petitioners filed complaints against her and a fact finding enquiry was held. On the basis of the inquiry report she was placed under suspension by Deputy Commissioner, Mewat at Nuh – respondent No.2. This order was assailed in an appeal filed before respondent No.1. The Appellate Authority vide its order dated 12.01.2010 quashed the suspension order dated 28.08.2009 passed CWP No.4639 of 2010 -2- by the Deputy Commissioner, Mewat and ordered for holding a regular inquiry, to be completed within six months. Mr. Himanshu Raj, AAG, Haryana appearing for the State has brought to the notice of this Court that term of the Sarpanch has come to an end and thereafter fresh elections, to the office of Sarpanch has taken place. Respondent No.4 was elected in the year 2005 and her term came to an end in March 2010. Counsel for the State has further stated that even if allegations are proved against her, she cannot be suspended as she ceased to occupy the office of Sarpanch. In view of this, present writ petition has been rendered infructuous and is dismissed as such. However, petitioners are granted a liberty to take recourse to lawful remedy available to them for initiating proceedings in respect of any irregularities or misappropriation etc. allegedly committed by respondent No.4 during her tenure as a Sarpanch, if the same constitute any criminal offence. (KANWALJIT SINGH AHLUWALIA) 14-07-2010 JUDGE manju