DEVENDRA CHANDRAWANSHI Vs. STATE OF M. P.

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 23.07.2019 whereby his services as Secretary, Gram Panchayat have been terminated.

(2.) The case of the petitioner is that he was working as Panchayat Secretary, Gram Panchayat, Jaldmudhiya, Janpad Panchayat, Amarpur, Zila Panchayat, Dindori. On 16.04.2019, he was served with the notice under Section 92 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Act'). On 09.05.2019, the order was passed for recovery of a sum of Rs.1,15,000/- from the petitioner in respect of certain defalcation done. Thereafter, a fresh notice under Rule 7 of the M.P. Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 (for short 'the Rules' ) was issued in pursuance to the earlier recovery order. The petitioner had deposited the amount in pursuance to the earlier recovery order and he had also filed reply to the notice dated 02.07.2019. Thereafter, the impugned order has been passed.

(3.) Learned counsel appearing for the petitioner submits that the earlier notice dated 16.04.2019 was issued under Section 40 of the Act and Rule 7 of the Rules and; thereafter, the order dated 09.05.2019 was passed in respect of the recovery of the amount, therefore, the fresh proceedings cannot be initiated. He further submits that the petitioner has already deposited the entire amount which was mentioned in the order dated 09.05.2019.