HANUMAT SINGH RAGHUVANSHI Vs. STATE OF MP

JUDGEMENT

(1.) CHALLENGE in this writ petition is made to the action of the Gram Panchayat in question in terminating the services of the petitioner from the post of Panchayat Karmi and consequently terminating his appointment as Panchayat Secretary. CHALLENGE is also made to the orders passed by the appellate authority and the revisional authority rejecting the appeal and revision preferred by the petitioner. The orders in question are dated 25.2.2003 passed by the Gram Panchayat - respondent No.6; the resolution dated 21.2.2002 passed by the Gram Panchayat; the order-dated 6.1.2005 passed by the Deputy Director, Raisen, approving the action of the Gram Panchayat; and, the consequential orders passed by the Collector and the Commissioner, the appellate authority and the revisional authority rejecting the appeal and revision of the petitioner.

(2.) FACTS that have come on record, indicate that vide resolution dated 12.9.1995, the Gram Panchayat in question resolved to appoint the petitioner as a Panchayat Karmi and subsequently the powers of Panchayat Secretary was also conferred upon him after approval of respondent No.5, on 13.10.1995. In pursuance to the same, the petitioner joined duty and was working. It seems that in the year 2002 on various allegations a show-cause notice dated 7.2.2002 - Annexure P/9 was issued to the petitioner. In the said show-cause notice more than nine imputations were made against the petitioner. The petitioner submitted his reply to the same vide Annexure P/10 and denied the allegations. The matter was thereafter placed before the Gram Panchayat and by a majority resolution passed, the impugned action is taken. The challenge before the appellate authority and the revisional authority having failed, petitioner is before this Court.

(3.) SHRI Sanjeev Kumar Singh, learned Panel Lawyer, and learned counsel representing the other respondents, argued that in this case as a show cause notice was issued to the petitioner and the petitioner was granted an opportunity to give his say to the show-cause notice, the requirement of law has been complied with and, therefore, there is no illegality in the matter.