Misuse Of Govt Vehicle: Punjab & Haryana High Court Stays Removal of Congress Councillor From Morinda Municipal Corporation

The Punjab and Haryana High Court has stayed the notification issued by the Secretary of Punjab Department of Local Bodies, removing Councilor Raj Preet Singh from Municipal Corporation Morinda. 

Singh, a Congress party representative, was removed from office for allegedly misusing his position and causing financial loss to the Counsel by using the  official vehicle for personal use.

While issuing a notice to the respondents in a plea challenging the removal, the bench of Justice Pankaj Jain said, “In the meantime, operation of Annexure P-1 (Notification Of removal) dated 15.06.2023, shall remain stayed.”

The court was hearing the petition challenging the removal of the Councillor for using government vehicle allegedly for personal use.

Singh was discharged from his official duties u/s 16(1) (e) of the Punjab Municipal Act. “…it is established that the Councillor along with other Councillors had gone to meet the Deputy Commissioner Rupnagar in order to get the public development work passed but he had also gone to submit his complaints therefore the said purpose was not official purpose,” the notification said.

In the petition, Singh submitted that a resolution was passed on June 06 last year by the Elected Members of the Municipal Council to the effect that since election of President had not been conducted and the Administrator Cum Sub Divisional Magistrate was not approving any work, a meeting will be convened to pass appropriate orders on June 13, 2022.

However, despite best efforts, the Sub Divisional Magistrate did not accept the copy of the resolution and therefore the elected members decided to go to Deputy Commissioner Rupnagar to supply the copy of the resolution and complaint regarding non performance of work in the municipal council, Singh submitted.

Stating that the petitioner was accompanied by eight other Elected Members who traveled in two cars, one private vehicle and another official vehicle of the Municipal Council to the office of the Deputy Commissioner,  the court was told the SDM later issued a show cause notice to the petitioner and one Rimpy Kumar regarding the alleged misuse of government vehicle.

Thereafter, the court was told, the office of state Chief Secretary also issued a show cause notice but only to the petitioner and later discharged him from his official duties.

The counsel for the petitioner argued that, “on the bald allegation of misuse of official vehicle, the petitioner had been ordered to be removed from the post and the inquiry too is in the teeth of law and farcical.”

While staying the notification, the court posted the matter to July 12 for further consideration.

Case Title: Rajpreet Singh Khamb v. State Of Punjab & Ors.

Advocates Deepanshu Mehta and Nikhil Ghai appeared for the petitioner.

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