LAWS(CHH)-2006-9-22

RAMKUMAR PRADHAN Vs. STATE OF CHHATTISGARH & OTHERS

Decided On September 18, 2006
Ramkumar Pradhan Appellant
V/S
STATE OF CHHATTISGARH AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner was appointed as Panchayat Karmi/Secretary in the Gram Panchayat, Kathotia, Janpad Panchayat - Lormi, District- Bilaspur. He has filed this petition under Art. 226/227 of the Constitution of India, impugning the order 23.4.2005 (Annexure P-1), whereby the services of the petitioner as Panchayat Karmi was terminated in accordance with the resolution passed in the meeting of the Gram Panchayat dated 12.4.2005, which was approved by the Gram Sabha in its meetings dated 14th, 16th and 19th April, 2005 ; the order dated 2.5.2005 (Annexure P-2), whereby the appointment of the petitioner as Secretary of the Gram Panchayat Kathotia made under Sec. 69(1) of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 was terminated, and the order dated 4.10.2005 (Annexure P-4), whereby and whereunder the order passed by the Sarpanch, removing the petitioner from the post of Panchayat Karmi and consequently the order, removing from the post of the Secretary of the Gram Panchayat from the petitioner, was upheld by the appellate authority/respondent No. 1.

(2.) The facts in nutshell are that the petitioner was appointed as Panchayat Karmi and thereafter Secretary. On the ground of several irregularities alleged to have been committed by the petitioner, he was removed from the post of Panchayat Karmi vide order dated 23.4.2005 (Annexure P-1) passed by the respondent No. 4 on the basis of the resolution passed in the meeting dated 12.4.2005, approved by the Gram Sabha in its meetings dated 14.4.2005, 16.4.2005 and 19.4.2005. Consequently, the petitioner was removed from the post of Secretary vide order dated 2.5.2005 (Annexure P-2) passed by the respondent No. 3.

(3.) In revision, the respondent No. 1 vide order dated 4.10.2005 upheld the order passed by the Sarpanch, removing the petitioner from the post of Panchayat Karmi, thereafter, the removal of the petitioner as Secretary by order dated 2.5.2005 and dismissed the revision accordingly.