HC stays suspension of sarpanch
Saurabh Malik
Tribune News Service
Chandigarh, June 19
The working of democracy at the grassroots level has come under judicial scanner with a sarpanch alleging that his services were placed under suspension on the allegations of funds’ embezzlement seven years ago during his previous tenure. Dubbing it as illegal, the sarpanch has contended that action could be taken at the most within four years.
The Punjab and Haryana High Court has stayed the operation of the impugned order. The direction by Justice Anupinder Singh Grewal came on a petition filed by Harinderpal Singh against Punjab and other respondents. Appearing before the Bench through videoconferencing, the counsel for the petitioner contended that Harinderpal Singh had served as a sarpanch from 2008 to 2013.
He was re-elected as a sarpanch in 2019, but a complaint was made against him by the defeated candidate alleging embezzlement of funds, which allegedly took place in 2011. The counsel said no complaint was lodged against the petitioner with regard to any misconduct during his previous tenure. The present complaint was made with ulterior motive in 2019.
Referring to Section 216(4) of the Punjab Panchayati Raj Act, 1994, the counsel added action could not be taken after the expiry of four years from the date of occurrence or two years from ceasing to be a member, whichever was later.
He said the petitioner had now been suspended by the order dated June 26, 2019, in an illegal manner and his appeal against suspension had been dismissed by the competent authority on February 20.
