IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 12005 of 2009 Date of Decision: 11.8.2009. Sukhdev Singh --Petitioner Versus State of Punjab etc. --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. C.L. Premy, 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. The petitioner has challenged the order dated 8.6.2009 (Annexure P-1), whereby the petitioner, Sarpanch of Gram Panchayat Melak Kangan, Block Dharamkot at Ishekhan, Distt. Moga has been ordered to be suspended under Section 20(1) of the Punjab Panchayati Raj Act, 1994. The appeal preferred by the petitioner before the Financial Commissioner also stands rejected vide order dated 6.7.2009. The Appellate Authority has remanded the case to respondent no.2 without disturbing the suspension. From the perusal of impugned order (Annexure P-1), it appears that petitioner has been suspended without recording any reasons and grounds, whatsoever. The Appellate Authority accepting the contention of the petitioner that his suspension is in violation of principles of natural justice, has simply remanded the case without disturbing the suspension. Since the order suffers from total non-application of mind and without any CWP. No. 12005 of 2009 -2- reason much less a legal and valid reason, the order of suspension is not sustainable in law. In view of the above, this petition is allowed. The impugned order of suspension is hereby set aside. Petitioner is ordered to be reinstated and respondent no.2 is directed to pass a fresh order in view of the remand order of the Appellate Authority after providing adequate opportunity of hearing to the petitioner in accordance with law. (PERMOD KOHLI) JUDGE 11.8.2009 lucky