GOPAL SINGH CHOUHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner by the present petition has challenged the order and resolution passed by the respondent Panchayat whereby the services of the petitioner as a Panchayat Karmi has been terminated. Initially, the petition was filed challenging the order Annexure P-1 passed at the instance of the Collector taking away the powers of the Secretary from the petitioner. Subsequently, during the pendency of the petition, as the petitioner's appointment as a Panchayat Karmi itself was cancelled, the petition has been amended and the aforesaid order has also been challenged.

(2.) IT is the case of the petitioner that he was appointed as Panchayat Karmi in pursuance to the Panchayat Karmi Yojna formulated by the State Govt. as contained in Annexure P-2, under the provisions of Clause 2. 4 of the said policy on being appointed as a Panchayat Karmi such employee is deemed to be a Secretary of the Panchayat also. After he was appointed as a Panchayat Karmi as per the aforesaid provisions he was also declared as a Panchayat Secretary in view of the aforesaid provisions and as his appointment as Panchayat Secretary is by the State Govt. , the Collector has no jurisdiction or authority to pass the impugned order Annexure P-1 taking away the powers of the Panchayat Secretary from the petitioner. That apart, it is submitted that the services as a Panchayat Karmi has been terminated by the orders of the Panchayat and for this purpose no enquiry was conducted or proper opportunity of defence was given to the petitioner.

(3.) ON merit Shri M. P. S. Raghuvanshi, learned Counsel for the petitioner taking me through various documents which have been brought on record like Annexures R-7 to R-9, R-12 and R-13 submits that the enquiry was in fact against the Sarpanch and without giving any opportunity of hearing to the petitioner, his services have been terminated. This according to the learned Counsel was done without conducting proper enquiry and without giving him any opportunity and therefore is illegal.