DILIP KUMAR SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.K. Rai for the appellant and Standing Counsel for respondents 1 and 2. Notices of the Special Appeal has been sent by the appellant to respondents-3 and 4 through registered post on 20.9.2012. However no one has put in appearance on their behalf. Since respondents and 4 are not a person interested in the relief claimed in this appeal as such the appeal is being decided finally in their absence. This appeal has been filed from the judgment and order of Single Judge dated 12.9.2012 passed in Writ-A No. 40968 of 2012, by which Single Judge has directed the appellant to deposit the amount paid to Shiv Shankar Bind (respondent-3) within a week, imposed cost of Rs. 25,000/- upon the appellant and also directed the Principal Secretary, Panchayat Raj, U.P., Lucknow to set up an inquiry against the appellant who was posted as Block Development Officer, Block Chhanbe, District Mirzapur at the relevant time.

(2.) Shiv Shankar Bind (respondent-3) was appointed as 'Rozgar Sewak' on 26.12.2006 in Gram Panchayat, Bauta Bishesar Singh, Block Chhanbe, District Mirzapur, under the Government Order dated 23.11.2007. Government Order dated 23.11.2007 provides for initial engagement of 'Rojgar Sewak' for a period of one year. In case work and conduct of 'Rajgar Sewak' is found satisfactory, then Gram Panchayat through it's resolution, can extend the engagement for a further period of two years only. Shiv Shankar Bind, alleged that he was not removed by Gram Panchayat, as such he was continuously working on the post even after expiry of three years.

(3.) In the year 2010, fresh election of Gram Panchayat was held in which Triloki Nath Bind (respondent-4) was elected as Pradhan. Respondent-4 filed Writ Petition No. 51362 of 2011 challenging the appointment of Shiv Shankar Bind (respondent-3) as 'Rozgar Sewak' and his continuance after a period of three years contrary to the Government Order dated 23.11.2007. The writ petition was disposed of vide order dated 6.9.2011 with direction to District Magistrate to hold an inquiry into the matter and pass appropriate order. The District Magistrate after holding inquiry vide order dated 16.11.2011 found the appointment of Shiv Shankar Bind was not illegal. However, no order has been passed in respect of his continuance on the post after the period of three years.