IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 13261 of 2009 Date of Decision: 28.8.2009. Manjinder Kaur --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.P. Dhir, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept notice on behalf of the respondent-State. Keeping in view the controversy involved, this petition is being disposed of at the motion stage itself with the consent of learned counsel for the parties. The petitioner was placed under suspension vide order dated 7.7.2009 on account of the two charges. One that he failed to produce the record before the BDPO during the course of inquiry and thus violated the orders of his superior. Secondly, he uprooted the street without any approval. Without commenting upon the merits, it is evident that the suspension order was passed without providing adequate opportunity of being heard to the petitioner. The petitioner preferred an appeal before the Financial Commissioner-cum-Secretary, Village Development & Panchayat, Punjab, who was convinced that the sufficient opportunity was not provided to the petitioner and thus remanded the case vide order dated 13.8.2009 but CWP. No. 13261 of 2009 -2- at the same time kept the order of suspension intact. It is under the above circumstances that the petitioner has filed the present petition. I have heard learned counsel for the parties. Since order of suspension has been passed in violation of principles of natural justice, same is untenable in law. While upholding the order of remand, it is directed that the suspension of the petitioner will remain suspended till the Director, Village Development & Panchayat, Punjab passes fresh order after providing opportunity of being heard to the petitioner. Disposed of as such. (PERMOD KOHLI) JUDGE 28.8.2009 lucky