SHIV CHARAN BHURTIYA Vs. STATE OF M P

JUDGEMENT

(1.) Heard. By this writ petition under Article 226 of the Constitution of India, the petitioner is challenging the order dated 29/12/2008 by which respondent No.3- Collector, Shahdol, in exercise of powers conferred under Section 86(2) of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (in short 'the Act') terminated the petitioner from the post of Panchayat Karmi, Gram Panchayat, Bocharo, Janpad Panchayat, Beohari and in exercise of powers conferred under Section 69 of the Act de-notified him from the post of Panchayat Secretary.

(2.) By the impugned order, respondent No.3 has found gross irregularities which were committed by the petitioner while he was discharging the functions of Panchayat Secretary. Up-sarpanch, Panchas and other villagers of Gram Panchayat, Bocharo have made a complaint (Annexure-R/4-1) against the petitioner who was then working as Panchayat Karmi of Gram Panchayat, Bocharo in which various allegations were made with respect of his working. On this complaint, Shri S.K. Shukla, Dy. Director, Panchayat and Social Justice was appointed as Enquiry Officer. The said enquiry officer conducted the enquiry and submitted his enquiry report (Annexure-R/4-2) to respondent No.3-Collector, Shahdol in which the petitioner was found to be indulging in various financial and other irregularities. Thereafter respondent No.3 has issued a show cause notice to the petitioner for his explanation on the irregularities committed by him vide Annexure-R/4-3. On 14/2/2007 the petitioner submitted his reply to the said show cause notice and admitted most of the irregularities and submitted that the said irregularities were committed because of negligence and prayed for forgiveness vide Annexure-R/4- 4 dated 19/2/2007 in which para-11 the petitioner states as under : <IMG>JUDGEMENT_1065_ILR(MP)_2010Image1.jpg</IMG> <IMG>JUDGEMENT_1065_ILR(MP)_2010Image2.jpg</IMG>

(3.) The reply was not found satisfactory by respondent No.3 and, therefore, in exercise of powers conferred under Section 69(1) of the Act, the petitioner was denotified from the post of Secretary vide order dated 21/2/2007 (Annexure-R/4- 5). The said order was challenged by the petitioner by filing an appeal No.142/ 2006-07 before respondent No.2-Commissioner, Rewa. Respondent No.2 vide order dated 3/3/2007 (Annexure-P/4) dismissed the said appeal at motion stage. Feeling aggrieved, the petitioner approached to respondent No. 1 -State Minister in Revision No.F-5-15/22/P-2/07. Respondent No. 1 vide order dated 21/3/2007 stayed the order of the Collector and Commissioner. Against the aforesaid order dated 21/3/2007 (Annexure-P/5) passed by respondent No. 1, respondent No.5 had filed Writ Petition No. 1147/2007, On 5/4/2007 this Court quashed the order dated 21/2/2007 (Annexure-P/4), order dated 3/3/2007 (Annexure-P/4) and order dated 21/3/2007 (Annexure-P/5) with the consent of learned counsel for the parties, the matter was remitted to respondent No.3-Collector, Shahdol for passing a reasoned order, after affording opportunity of hearing to the parties. Para- 3 and 4 of the order dated 5/4/2007 passed in W.P. No.4471/2007 read as under :