GHANSHYAM Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of parties, matter is finally heard. The petitioner is aggrieved by order dated 12-1-2011 (Annexure P-1) whereby the competent authority directed to remove the petitioner under section 86(1) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (Adhiniyam).

(2.) Shri G.S. Sharma, learned counsel for the petitioner submits that this order has been given effect to and petitioner has been discontinued. This order is called in question on the singular ground that before removing the petitioner, procedure mentioned in M.P. Panchayat (Discipline and Appeal) Rules, 1999 have not been followed. No enquiry has been conducted and outrightly petitioner is removed on the basis of Annexure P-7 which, by no stretch of imagination, can be said to be an admission of guilt by the petitioner.

(3.) Per contra, Shri Newaskar and Shri Himanshu Sharma supported the order and submits that petitioner was served with a show cause notice dated 3-7-2010 (Annexure P-6) and petitioner has not chosen to file his detailed reply and he has not denied the allegations and, therefore, the authority has rightly treated it to be an admission of charges. On account of petitioner's admission, no enquiry was required and he was rightly removed from service.