Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Haryana Panchayati Raj Act, 1994, Section 53(5) -- Recovery of certain amount from Sarpanch after six years of completing tenure on account of financial loss caused to Panchayat - BDPO assessed and directed Sarpanch to deposit the amount - Impugned order set aside - Held, Respondent cannot possibly be called upon to explain and to make good any loss, after expiry of six..........
Haryana Panchayati Raj Act, 1994, Section 53 -- Petitioner elected as Sarpanch of Gram Panchayat and successfully completed his term - Complaint against petitioner that during his tenure as Sarpanch, he misappropriated funds of Gram Panchayat - After inquiry, petitioner exonerated from the allegations - Five years after the petitioner ceased to be Sarpanch, fresh enquiry..........
Haryana Panchayati Raj Act, 1994, Section 53(2), 53(3) -- Misappropriation of Panchayat funds by petitioner as Sarpanch in the year 1996 - Petitioner ceased to be Sarpanch - Notice issued in year 2002 by BDPO for effecting recovery from petitioner - Held, Notice was manifestly barred by limitation which is 2 years as envisaged u/s.53(5) of the Act - Action for recovery..........
Punjab Panchayati Raj Act, 1994, Section 216, Haryana Panchayati Raj Act, 1994, Section 53 -- Liability of Memebrs of Panchayat - BDPO ordered recovery u/s 216 of the Act - No notice issued before assessment of recovery - Order of BDPO violative of Sec. 216 and principles of Natural Justice - Writ allowed - Order of BDPO set aside...........
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 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..........
Haryana Panchayati Raj Act, 1994, Section 51, 53, 13 -- Removal of Sarpanch - Charge of embezzlement of Panchayat fund - Plea that contract approved by Block Development and Panchayat Officer - Not tenable as the meeting in which contract approved was without quorum and a meeting without quorum - is no meeting in the eyes of law - Alleged approval by Block Development and..........
