HIRDAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 30.01.2008 (Annexure - P/1 page 12 of the petition), passed by the Sarpanch, Gram Panchayat, Badkabahra, Janpad Panchayat, Manendragarh, District Koria, whereby, the petitioner, working as Panchayat Karmi (Secretary), has been removed from service on the basis of resolution dated 17.01.2008 passed in the Gram Sabha. The petitioner further seeks quashing of the order dated 13.03.2008 (Annexure - P/1 page 13 of the petition), whereby the respondent No.6 has been appointed as Panchayat Karmi (Secretary) in place of the petitioner, by the Gram Panchayat, Badkabahra, after approval of the Gram Sabha.

(2.) THE facts, in brief, as projected by the petitioner, are that the petitioner was appointed as Panchayat Karmi by passing a resolution on 19.11.1995 by the Gram Panchayat. Later on, by order dated 30.10.1999, the petitioner was declared as Panchayat Secretary. On a complaint made by certain persons, the Chief Executive Officer, Janpad Panchayat, conducted an enquiry and submitted report on 07.03.2007. The said enquiry was conducted without issuing notice to the petitioner. On the basis of the said enquiry report, the petitioner was removed from the post of Panchayat Secretary and in his place, the respondent No. 6 was appointed. Thus, this petition.

(3.) SUBMISSION of Shri Agrawal, learned counsel appearing for the respondent No. 6 is ad idem to the above.