D. N. VISHWAKARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGING the order dated 7.11.2005 Annexure P/3 passed by the Additional Collector, 2 d. n. vishwakarma Vs. State District Tikamgarh interfering with an appellate order passed by the Sub Divisional Officer, Jatara as contained in Annexure P/1 dated 31.1.2005 and setting it aside, petitioner has filed this writ petition.

(2.) IN pursuance to a process of selection conducted in the year 1995, petitioner was appointed as Panchayat Karmi vide order dated 9.11.95. While so working it is seen that certain allegations were leveled against the petitioner with regard to his manner of working and therefore, show cause notices and charge sheet were issued to the petitioner on various dates. Thereafter, the matter was placed before the Gram Panchayat on 12.1.98 and a resolution was passed on the same date directing for terminating the appointment of the petitioner on the grounds of various allegations leveled against him in the charge sheet and show cause notice issued. On the post that fell vacant after removal of the petitioner, respondent No.4 has been appointed. Challenging his removal petitioner approached this Court by filing a writ petition. Even though initially an interim stay was granted by this Court but subsequently finding existence of a statutory alternate remedy of appeal, the writ petition was disposed of granting liberty to the petitioner to seek recourse to the remedy available under the statutory Appeal and Revision Rules. Accordingly, petitioner preferred an appeal before the Sub Divisional Officer, 3 d. n. vishwakarma Vs. State Palera but the appeal was dismissed by the said authority on the ground that the authority has no jurisdiction to hear the appeal. Aggrieved thereof, petitioner preferred a revision before the Collector, who allowed the revision and remanded the matter back to the Sub Divisional Officer directing him to decide the appeal on merit. Accordingly, the Sub Divisional Officer conducted an enquiry into the matter and by a detailed order Annexure P/1 dated 31.1.2005 found that proper show cause notice to the petitioner was not issued, the charge sheet and the notice with regard to hearing of the Panchayat is not served on the petitioner, took note of the various affidavits filed by office bearers of the Gram Panchayat and came to the conclusion that even passing of resolution is doubtful and accordingly finding the action taken against the petitioner to be illegal, without giving opportunity of hearing and contrary to the principle of natural justice the Sub Divisional Officer quashed the action of the Gram Panchayat in removing the petitioner from service. This order Annexure P/1 passed by the Sub Divisional Officer has been interfered with by the Collector as is evident from Annexure P/3 dated 7th November 2005 and therefore, petitioner is before this Court challenging the order of the Collector.

(3.) IT may be taken note of that respondents have miserably failed to established that petitioner's services has been terminated after following the due process of law and after due service of notice for the meeting held on 12.1.98 and therefore, the finding recorded by the Sub Divisional Officer is a reasonable finding and the same is interfered with by the Collector in a illegal manner.