UTTAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard.

(2.) Brief facts of the case are that the petitioner was appointed as Panchayat Karmi, Gram Panchayat Mahgawan, Chirriya of Tehsil Gadarwara District Narsinghpur. In the year 2002, respondent No. 3 was elected as Sarpanch of Gram Panchayat, Mahgawan. The allegation against the petitioner was that he vide Annexures P-l to P-7 lodged various complaints against the respondent No. 3, Sarpanch of Gram Panchayat, Mahgawan which amounts to misconduct and, therefore, respondent Nos. 2 and 3 on 10-10-2001 (Annexure P-8) directed the petitioner to appear along with the record on 20th October, 2001 before the Panchas of Gram Panchayat Mahgawan else they will take appropriate action for his removal and remove him from the post of Panchayat Karmi. In spite of notice, petitioner failed to appear before the Gram Panchayat, therefore, Gram Panchayat in its meeting dated 20-10-2001 (Annexure P-9) passed a resolution for his removal on the post of Panchayat Karmi (Sachiv). On 31-12-2001 a meeting was convened by the Gram Panchayat and during the meeting 6-7 charges of misconduct have been levelled against the petitioner. At the time of proceedings of the Gram Panchayat, petitioner was also present and he was asked to submit his case but he refused to do so and thereafter all the Panchas of the Gram Panchayat by adopting the method of secret voting and by majority o? 7-4 had taken a decision to remove the petitioner and passed a resolution for removal of the petitioner from the post of Panchayat Karmi. In pursuance to the said resolution dated 31-12-2001, an order of termination dated 1-1-2002 (Annexure P-13) was passed. The petitioner challenged the said order by filing an appeal before the respondent No. 5 who after appreciating the resolution and the documents upheld the order of termination dated 1-1-2002 and dismissed the appeal of the petitioner. The petitioner challenged the said order of respondent No. 5 by filing second appeal before the Additional Collector, Narsinghpur. The learned Additional Collector by order dated 4-9-2003 (Annexure P-16) upheld the order of Prescribed Authority and dismissed the appeal of the petitioner. These orders are impugned in this writ petition.

(3.) It is submitted by learned Counsel for the petitioner that the order of termination was passed without holding any enquiry under Rule 7 of M.P. Panchayat Service (Discipline & Appeal) Rules, 1999 (in short 'Rules of 1999'). His further submission was that prior to passing of termination order, no show-cause notice was issued to him. The show-cause notice dated 10-10-2001 was never served on the petitioner and, therefore, the whole action is illegal and contrary to the provisions of Panchayat Karmi Scheme framed by the State Government on 12-9-1995 and the provisions of the Rules of 1999.