JUDGMENT : Sandeep Sharma, J. Being aggrieved and dissatisfied with order dated 23.08.2021 (Annexure P­9), issued under the signatures of Assistant Commissioner (Dev.)­cum­Block Development Officer, Jhanduta, District Bilaspur, whereby it came to be communicated to Pradhan/ Secretary, Gram Panchayat Galiya, Development Block Jhanduta, District Bilaspur, that appointment of the petitioner herein on temporary basis as Chowkidar in the concerned Gram Panchayat has been found to be made in violation of Section 151 of Panchayati Raj Act and as such, aforesaid person may be dismissed with immediate effect, petitioner has approached this Court in the instant proceedings filed under Article 226/227 of Constitution of India, praying therein for the following main relief: “(i) That the impugned order dated 23.08.2021 (Annexure P­9 may be quashed and set aside and the respondent may be directed to continue the present petitioner against the post of Chowkidar in Gram Panchayat Galiya, Tehsil Jhandutt, District Bilaspur, HP.” 2. Precisely, the facts of the case, as emerge from the record, are that person namely Sh. Satpal Singh was working as Chowkidar in Gram Panchayat Galiya, but since he was not performing his duties on account of illness, aforesaid Gram Panchayat, without following due process of law, proceeded to appoint petitioner herein as Chowkidar of the Gram Panchayat on temporary basis. 3. Being aggrieved and dissatisfied with the appointment of the petitioner, local people made complaint to the Block Development Officer, who, with a view to ascertain the correctness of the allegations levelled in the complaint, constituted inquiry, which revealed that the present petitioner was appointed as temporary Chowkidar in clear violation of Section 151 of Panchayati Raj Act, 1994. Inquiry revealed that mother of the petitioner was Ward Member of Ward No. 5 and she in connivance with other members got her son illegally appointed against the post of Chowkidar on temporary basis. 4. After having received inquiry report, Assistant Commissioner (Dev.)­cum­Block Development Officer, Jhanduta, District Bilaspur, (Gram Panchayat Galia), while ordering removal of the said person directed concerned Panchayat to appoint new Chowkidar as per rules. 5. Pursuant to order passed by this Court, respondent­ Department has made available complete record with regard to selection of the petitioner on 09.09.2021, which reveals that the appointment of the petitioner was not in accordance with law. 6. Though, Mr. 5. Pursuant to order passed by this Court, respondent­ Department has made available complete record with regard to selection of the petitioner on 09.09.2021, which reveals that the appointment of the petitioner was not in accordance with law. 6. Though, Mr. Panku Chaudhary, learned counsel representing petitioner attempted to argue that action against the petitioner has been taken on political grounds, but he was unable to dispute that the mother of the petitioner was ward member of Ward No. 5 at the time of appointment of the petitioner against the post in question. Section 151 of the Panchayati Raj Act clearly provides that if a member or office bearer or servant of Panchayat knowingly acquires, directly or indirectly any personal share or interest in any contract or employment with, by or on behalf of a Panchayat without the sanction or permission of the prescribed authority, he/she shall be deemed to have committed offence under Section 168 of Indian Penal Code, 1860. 7. In the instant case, as is evident from the record, mother of the petitioner, who at the relevant time was Ward Member, in connivance with other members of the Panchayat, illegally and unauthorizedly got her son appointed as Chowkidar on temporary basis in place of Sh. Satpal Singh, who admittedly at that relevant time was working as Chowkidar, but was unable to attend his office on medical grounds. 8. Mr. Panku Chaudhary, learned counsel representing petitioner, also submitted before this Court that post of Chowkidar could not have been kept vacant by the Gram Panchayat for such a long period and as such, petitioner was appointed as Chowkidar on temporary basis. 9. Since, petitioner being son of Ward Member of the Gram Panchayat Galia, otherwise could not have been appointed against the post in question, no illegality can be said to have been committed by the respondents, while ordering his removal from the service. 10. Vide order dated 16.03.2023, this court having taken note of the fact that no steps till date have been taken by the Department to fill up the post of Chowkidar specifically, called upon learned Additional Advocate General to have instructions “whether process, if any, to fill up the post of Chowkidar on regular basis in the concerned Gram Panchayat has been initiated or not?” 11. Today, during proceedings of the case Mr. Today, during proceedings of the case Mr. Vishal Panwar, learned Additional Advocate General, has placed on record communication dated 01.04.2024 issued under the signatures of Joint Secretary­cum­PRO to the Government of Himachal Pradesh, which is taken on record, perusal whereof, clearly reveals that Mr. Satpal Singh, Panchayat Chowkidar in Gram Panchayat Galiya is not performing his duties due to medical grounds and no fresh appointment or process of engagement of part­time Chowkidar has been initiated by the concerned Gram Panchayat. 12. For the reasons stated herein above, this Court finds no merit in the present petition and accordingly, the same is dismissed. However, having taken note of the fact that post of Chowkidar Gram Panchayat is lying vacant for considerable time, this Court hopes and trusts that needful at the behest of respondents shall be done expeditiously to appoint Panchayat Chowkidar in the concerned Gram Panchayat. Pending application(s), if any, also stand disposed of.