HARIOM SINGH RAJPUT Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner who is a Panchayat Karmi challenges the order Annexure P-5, dated 24-1-2001 passed by the respondent No. 3 by which the powers of Secretary have been withdrawn from the petitioner.

(2.) IN pursuance to the provisions of Panchayat Raj Adhiniyam, 1993 scheme known as Panchayat Karmi Yojana for regulating Appointment of Panchayat Karmi was issued by the State Govt. vide Annexure P-1. Accordingly, the petitioner was appointed as Panchayat Karmi in Gram Panchayat, Gwalior vide order Annexure P-2. Subsequently in exercise of the powers contained in Section 69 (1) of the Panchayat Raj Adhiniyam, 1993 the Collector, Shivpuri issued orders on 6-11-95 declaring the petitioner to be a Panchayat Secretary. The petitioner was thereafter discharging the duties of Panchayat Secretary.

(3.) IT is the case of the petitioner that all of sudden the petitioner was restrained from performing the duties of Panchayat Secretary without giving any order in writing and without giving opportunity of hearing. It is contended by the petitioner that on enquiry Sarpanch informed, respondent No. 3 has directed that petitioner should not work as a Panchayat Secretary. Subsequently an application was filed by the petitioner and the order impugned Annexure P-5, dated 24-1-2001 was received by him wherein it has been indicated that the powers of the Panchayat Secretary are being withdrawn.