Can’t suspend sarpanch indefinitely: High Court

Chandigarh, July 15

In a significant judgment aimed at protecting democracy at the grass-roots level, the Punjab and Haryana High Court has ruled that services of an elected office-bearer or a sarpanch cannot be placed under suspension in a routine manner. The services can also not be kept under suspension indefinitely.

Justice Anil Kshetarpal made it clear that the state could not keep an inquiry against a sarpanch pending to oust him in an indirect manner. The ruling came on a petition filed against the state of Punjab and other respondents by Sukhvir Kaur.

She had questioned the correctness of the order dated September 21, 2020, vide which her services were suspended. The order was affirmed in an appeal by the Additional Chief Secretary on April 1.

Justice Kshetarpal’s Bench was told that the petitioner was the elected sarpanch of Dhurali gram panchayat in the Kharar block of Mohali district. Her services were placed under suspension on September 21, 2020, on the allegations that she blocked water passage through a culvert on “account of earthwork in a cremation ground”. She also allegedly facilitated the cutting of two or three trees in the cremation ground.

Justice Kshetarpal asserted it was undisputed the petitioner continued to be under suspension for around 10 months and the regular inquiry ordered against her was still pending. “Prima facie the allegations do not warrant her continuous suspension,” he observed, directing expeditious completion of the probe. — TNS

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