ARVIND JOSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 23.02.2011 (Annexure P-1), whereunder, the appeal case No. 89/A-89/(15)/9-10, filed by the petitioner was dismissed upholding the order dated 30.09.2005 and order dated 05.06.2006, passed by the Additional Collector, District Janjgir-Champa, in appeal.

(2.) THE facts, in brief, are that the petitioner was appointed as Panchayat Karmi (Secretary) by order dated 23.06.1996 (Annexure P-2). THEreafter, on 10.03.2005, the Gram Panchayat - Amoda, Janpad Panchayat - Jaijaipur, by resolution, in its meeting, expressed displeasure in the functioning of the petitioner. THEreafter, on the basis of resolution passed on 10.03.2005, in the meeting, , it was decided to remove the petitioner from the post of Panchayat Karmi (Secretary), which was subsequently approved by the Gram Panchayat on 20.04.2005. Consequent thereupon, the petitioner was removed from service by order dated 11.05.2005 (Annexure P-4). Before removal, the petitioner was issued a show cause notice by the Chief Executive Officer, Janpad Panchayat- Jaijaipur, on 21.03.2005 (Annexure R-4/4) asto why disciplinary action be not taken against him. THEreafter, the Chief Executive Officer, by letter dated 24.08.2005 (Annexure R-4/5) directed all the Sarpanch of Gram Panchayat to take action of removal from service against Panchayat Karmies whose reply is not found satisfactory.

(3.) LEARNED counsel appearing for the petitioner submits that the authorities below have not considered the import of Rule 7 of the Rules, 1999. Any decision for removal of Panchayat Karmi or Secretary taken by the Gram Panchayat de hors the provision of Rule 7 of the Rules, 1999, is illegal and finding of the authorities below that no appeal or revision is maintainable against the resolution is erroneous. LEARNED counsel relies on a decision of this Court in Dhaluram Kosaria v. State of C.G. & Others1.