IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 16315 of 2009 Date of Decision: 27.10.2009. The Gram Panchayat of Village Chhapar Chiri Kalan. --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. S.S. Siao, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner-Gram Panchayat of village Chhapar Chiri Kalan, Block Kharar, District Ropar, has filed this petition for initiating action against respondent no.7. It is the case of the petitioner that respondent no.7, who was duly elected as Panch was acting as Sarpanch and a complaint was filed against him for alleged irregularities. It is alleged that a regular inquiry was held by the Divisional Deputy Director, Rural Development & Panchayat, Patiala. Based upon the inquiry a communication dated 14.3.1992 was sent by the Divisional Director, Rural Development & Panchayat to the BDPO, Kharar in relation to the alleged irregularities. It is further alleged that the allegations levelled against respondent no.7 were found proved in the inquiry dated 30.12.1992. Based upon the said inquiry, a notice dated 18.2.1993 was sent to respondent no.7, which was followed by another letter in the year 1999. It appears that no action was taken thereon. Though, in the year 2004 another communication was sent by the Deputy Director to the BDPO. The petitioner has filed this petition seeking a direction to initiate action against respondent no.7 on the basis of letter (Annexure P-2). CWP. No. 16315 of 2009 -2- It is not in dispute that the alleged allegations relate to the year 1992. No action was initiated during the period when respondent no.7 was holding the office of Sarpanch or even after he relinquished the charge within the reasonable time. Present petition has been filed for initiating action after a lapse of more than 16 years. Section 216 of the Punjab Panchayati Raj Act prohibits initiation of such an action at this belated stage. Section 216 is reproduced hereunder:- “ 216. Liability of members of Panchayat. (1) Every member of a Panchayat shall be liable for the loss, waste or misapplication of any money or property belonging to the Panchayat, if such loss, waste r misapplication is a consequence of his neglect or misconduct while such member and shall also be liable to pay interest at the prescribed rate, from the date of loss, waste or misapplication, on the amount assessed under sub- section (2) or sub-section (3) as the case may be. (2) The Block Development and Panchayat Officer concerned may, on the application of a Gram Panchayat or otherwise, and after giving the member concerned an opportunity to explain, assess, by order, in writing the amount due from him in account of such loss, waste or misapplication; Provided that – (a) where such member happens to be the Chairman or a member of the Panchayat Samiti, the proceedings under this sub-section shall he taken by the District Development and Panchayat Officer; (b) where such member happens to be the Chairman, Vice- Chairman or a member of the Zila Parishad, the proceedings under this sub-section shall be taken by the Deputy Director. (3) Any person aggrieved by an order made under sub-section (2) may within a period of thirty days from- the date of such order, appeal to: - CWP. No. 16315 of 2009 -3- (a) the District Development and Panchayat Officer, if the order has been made by the Block Development and Panchayat Officer; (b) the Deputy Director, if the order has been made by the District Development and Panchayat Officer; and (c) the Director, if the order has been made by the Deputy Director; and on appeal being filed, the appellate authority may suspend the execution of the execution of the order upon such terms as to costs, payments of the amount involved or otherwise as he thinks fit and subject to the result of appeal, if any, the order of Block Development and Panchayat Officer, District Development and Panchayat Officer and the Deputy Director, as the case may be, shall be final. (4) Notwithstanding anything contained in this section no person shall be called upon to explain why he should not be required to make good any loss, after the expiry of four years from the occurrence of the loss, waste or misapplication or after the expiry of two years from his ceasing to be a member, whichever is later. (5) The State Government may call and examine the record of any order made under this section for the purpose of satisfying itself as to the legality and propriety of such order and may confirm, modify or rescind such order; Provided that no order prejudicial to any person shall be made by the State Government, unless that person has been afforded a reason- able opportunity of showing cause against the proposed order. (6) The amount assessed as due from a member may, in the event of his death, be recovered from his legal heirs to the extent of property inherited by them from such member.” Sub Section (4) clearly provides that no action can be taken after the expiry of 4 years from the occurrence of the loss, waste or misapplication or after the expiry of two years from his ceasing to be a member, whichever is later. CWP. No. 16315 of 2009 -4- In the present case, the occurrence is said to have been taken place in the year 1990 and the respondent no.7 also relinquished office long back. In view of the above circumstances, no direction can be issued. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 27.10.2009 lucky