ARVIND MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant intra-court appeal has been preferred under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth ko appeal) Adhiniyam, 2005, being aggrieved by the order dated 15-01-2021 passed in WP-20554-2020 by the learned Single Judge, whereby the writ petition, assailing the suspension order of the petitioner-appellant, dated 14-02-2020, as affirmed by the appellate authority by order dated 17-12-2020, has been dismissed.

(2.) The factual expose' adumbrated in a nutshell, are that appellant is working as Panchayat Secretary, Gram Panchayat, Shivrajpur, District Rewa, against whom there are serious charges of defalcation of public fund and, therefore, the Chief Executive Officer, Zila Panchayat, Rewa by order dated 14-02-2020 considering the arguments advanced in the appeal reached to the conclusion that on account of financial irregularities which were committed by the appellant-petitioner, the order of suspension is not required to be interfered with.

(3.) Learned counsel for the appellant submits that the services of the appellant are governed by the Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 [hereinafter referred to as 'the Rules 2011'] and after the amendment in the Rules on 9-8-2017, there is no provision of suspension. It is strenuously urged that the suspension order has not been issued under the general power to suspend, as envisaged in the Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules, 1999 [for short, 'the Rules 1999']. Further, after the amendment in Rule 7 of the Rules 2011 on 9-8-2017, there is no such power to suspend exists, and therefore, a Gram Panchayat Secretary cannot be placed under suspension.