Civil Writ Petition No. 17420 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 17420 of 2010 Date of Decision: 27.9.2010 Nettar Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. J.S. Bhandohal, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Issue notice of motion. On asking of the Court, Ms. Ambika Luthra, Assistant Advocate General, Punjab, accepts notice on behalf of respondents No.1 and 2. Mr. Nakul Sharma, Advocate, who is present in the Court, accepts notice on behalf of respondents No.3 and 4. On the complaint made by respondents No.3 and 4, the petitioner-Sarpanch was suspended. Lateron, an enquiry was held in which the petitioner was absolved and reinstated by respondent No.2- Director, Rural Department and Panchayat Officer, Punjab. Against the order of reinstatement, respondent No.3-Major Singh and respondent No.4-Sudagar Singh have filed an appeal. In the appeal, the matter was remanded back to respondentNo.2, vide order dated 31.5.2010 (Annexure P3), who again passed the impugned order dated 2.8.2010 Civil Writ Petition No. 17420 of 2010 2 (Annexure P4), whereby the petitioner has again been suspended. Learned counsel for the petitioner has referred to the impugned order dated 31.5.2010 (Annexure P3) and has urged that no opportunity of hearing was afforded to him, rather the Law Officer has caused appearance for him. A perusal of the quorum clause reveals that the Law Officer of the department has also caused appearance for the petitioner. Thus, no opportunity of hearing was afforded to the petitioner, while passing the impugned order (Annexure P3) ,whereby the matter was remanded back to respondent No.2. After hearing learned counsel for the parties, the present writ petition is disposed and the impugned orders dated 31.5.2010 (Annexure P3) and dated 2.8.2010 (Annexure P4) are set aside. The Appellate Authority is directed to decide Appeal No. 20 of 2010 afresh after associating the petitioner. The parties shall appear before the Appellate Authority on 11.10.2010, which shall decide the appeal within a period of three months, thereafter. (Kanwaljit Singh Ahluwalia) Judge September 27, 2010 “DK”