Haryana Panchayati Raj Act, 1994, Section 53 -- Order of BD& PO asking Sarpanch to deposit specified amount in Panchayat fund - Order does not contain the provision under which it has been passed - Even if order taken to have been passed under Section 53 - Order supposed to contain facts establishing that order within limitation prescribed by sub - section (5) of Section..........
Haryana Panchayati Raj Act, 1994, Section 51(5) -- Appellate Authority being a quasi - judicial authority - Duty bound to consider points raised by appellant in appeal - Appeal should be decided by recording cogent reasons - Removal of Sarpanch being guilty of having embezzled Panchayat fund - Appellate Authority without adverting to matter of embezzlement dismissed appeal..........
Haryana Panchayati Raj Act, 1994, Section 53(5) -- Ex - Sarpanch directed to deposit amount of alleged loss to Panchayat - Order should contain - (i) date of occurrence of loss, waste or mis - application or date when petitioner ceased to be Sarpanch, whichever is applicable, and (ii) date when petitioner called upon to explain why he should not be required to make good..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Gram Sachiv collected house tax from villagers and did not remit amount to department - Defence that he paid the amount to Sarpanch found to be false - Dishonest misappropriation/conversion of amount for own use stood proved - Conviction justified - Sentence of six months R.I. and fine of..........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Enquiry against Sarpanch - Has to be held in accordance with principles of natural justice - Minimum expected that Inquiry Officer must consider entire evidence - Evidence led but not considered in Enquiry Report - Cannot be said to be Enquiry Report at all...........
Haryana Panchayati Raj Act, 1994, Section 51(3), 51(4) -- Deputy Commissioner ordered not only removal of Sarpanch but also disqualified Sarpanch from contesting election for a period of six years - Enquiry Report shows that Inquiry Officer failed to apply his mind to the evidence led by the parties, not a single reason assigned as to why evidence adduced by Sarpanch not..........
Haryana Panchayati Raj Act, 1994, Section 176(4) -- Challenge to election of Sarpanch on the ground that Sarpanch was in unauthorised possession of Panchayat land on the date of filing nomination papers as well as on the date of holding of election for post of Sarpanch and therefore could not contest election - Setting aside election of Sarpanch as his nomination papers..........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Administrator of Panchayat - Procedure contemplated under Section 200 Punjab Panchayati Raj Act - Not even invoked much less followed - Recommendation for appointment of Administrator as in meeting of Panchayat quorum not complete, 4 Panches against Sarpanch and out of 7 only 3 Panches in his favour -..........
Electrocution -- Death - Compensation - Deceased who was passing over street came in contact with live electrical wire lying on ground - He was electrocuted and died on the spot - Respondents claimed compensation due to negligence of officers of Electricity Board - Sarpanch of village informed about broken wire but defendants did not take any action on his complaint -..........
Haryana Panchayati Raj Act, 1994, Section 51(1) -- Suspension of Sarpanch as a case under Sections 430/379 Indian Penal Code registered against him for unauthorised use (theft) of canal water - Unauthorised use of canal water - Not an offence - Offence alleged, theft (unauthorised use) of canal water - Does not constitute moral turpitude - No suspension can be ordered on..........
