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2020 DIGILAW 1277 (PNJ)

Sunita v. State Of Haryana

2020-06-09

RAJBIR SEHRAWAT

body2020
JUDGMENT Rajbir Sehrawat, J. (Oral) - CM-5115-CWP-2020, CM-5116-CWP-2020 & CM-5133-CWP-2020 1. These are the applications under Section 151 C.P.C. seeking exemption from filing appropriate court fee/attested copy of affidavit. 2. For reasons mentioned in the applications, the same are allowed as prayed for. CWP-7866, 7867, 7869-2020 & 7882 of 2020 3. The present petitions have been filed under Articles 226/227 of the Constitution of India, seeking setting aside of impugned orders in respective petitions. 4. In all these petitions the common grievance has been raised. The issue raised by the petitioners; in all these petitions; is that during the period of lockdown on account of Covid-19 pandemic; the respective Deputy Commissioners have passed order of suspension against the petitioners who were working as Sarpanch of their respective villages. They claimed to have approached the statutory appellate authority with statutory appeal. In some of the cases the appeals have been filed and in some of the cases, allegedly, the authorities refused to accept the memorandum of statutory appeals. The statutory appellate authorities have not given any hearing to the petitioners despite the fact that their status as elected representatives of the electorate of their respective villages have been put under a clog by administrative orders. 5. Notice of motion. 6. Mr. Ravinder Singh Dhull, Additional Advocate General, Haryana, accepts notice on behalf of the State and submits that he has been instructed by the concerned authorities to submit before the court; that now the work in the Government offices is started. The appeals filed by the petitioners would be duly considered and a final decision shall be taken at the earliest possible. Even those petitioners, who have alleged that they had gone for filing of the appeals; but their appeals were not accepted, can prefer their appeals now. 7. In view of the above, this court considers it appropriate to dispose of the present petitions at this stage itself; without calling for further pleadings from the respective parties. 8. Accordingly, the present petitions are disposed of with direction to the respective statutory authorities to finally decide the appeals filed or to be filed by the petitioners within a period of two weeks. The appeals which have already been filed shall be decided within a period of two weeks from today. 8. Accordingly, the present petitions are disposed of with direction to the respective statutory authorities to finally decide the appeals filed or to be filed by the petitioners within a period of two weeks. The appeals which have already been filed shall be decided within a period of two weeks from today. The appeals which may be filed by anyone of the petitioner now; shall be decided within two weeks from the date of filing of the respective appeal(s). 9. It is further clarified that if physical hearing is not possible then the petitioners can be heard through virtual hearing. If any one of the petitioner has not furnished her mobile number, then the authorities can ask such petitioner to furnish her mobile number so as to grant her hearing through video conferencing. 10. Still further, it is clarified that; in the meantime, if any charge is taken from any one of the petitioners, pursuant to the impugned orders, then the same shall not affect the status of the petitioners in any manner whatsoever. The said arrangement shall be taken only as temporary administrative step and this fact itself shall not invite any more consequences of any kind qua the petitioners. 11. The petitions stand disposed of with directions as aforesaid.