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2015 DIGILAW 483 (HP)

Dharam Singh Negi v. State of H. P.

2015-05-07

DHARAM CHAND CHAUDHARY, MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. Petitioner has called in question order, dated 4th March, 2015, made by the Deputy Commissioner, District Sirmaur at Nahan, whereby he has been debarred from participating and taking part in any of the activities or proceedings of the Panchayat for the period of six months (Annexure P-6) and order, dated 16th March, 2015, made by the Divisional Commissioner, Shimla, whereby the appeal filed by the writ petitioner came to be dismissed (Annexure P-7). 2. It appears that order, dated 4th March, 2015, (Annexure P-6) has been passed by the Deputy Commissioner in terms of the powers vested with him under Section 146 (1-A) of the Himachal Pradesh Panchayati Raj Act, 1994 (for short "the Act"), which reads as under: "146. Removal of office bearers of Panchayats. (1-A) The State Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, may, on consideration of the enquiry report or if it thinks proper, for reasons to be recorded in writing, revoke the suspension order and instead of removing an office bearer, warn him to be vigilant in the discharge of his duties or may also debar him from taking part in any act or proceedings of the Panchayat for the period of six months." 3. Feeling aggrieved, the petitioner filed an appeal before the Divisional Commissioner, Shimla, which came to be dismissed vide order, dated 16th March, 2015 (Annexure P-7). 4. We have gone through order, dated 16th March, 2015, made by the Divisional Commissioner, is a non-speaking one. 5. Accordingly, order, dated 16th March, 2015, made by the Divisional Commissioner, (Annexure P-7) is set aside, the appeal is restored and the Divisional Commissioner is directed to decide the appeal afresh after hearing the parties by passing a reasoned and speaking order within two weeks with effect from 11th May, 2015. 6. Parties are directed to cause appearance before the Divisional Commissioner, Shimla, on 11th May, 2015. 7. The writ petition is disposed of, as indicated hereinabove, alongwith all pending applications.