LAWS(MPH)-2003-7-7

KUNJAN SINGH Vs. STATE OF M P

Decided On July 24, 2003
KUNJAN SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS is a writ petition for quashing order dated 14-7-2000 (Annexure P-3) of respondent No. 3 Chief Executive Officer, Janpad Panchayat, Rahatgarh, District Sagar, by which the services of the petitioner have been terminated.

(2.) IT is not in dispute that the petitioner was appointed as Panchayat Secretary in Gram Panchayat, Deori (Mothi), Tehsil and District Sagar on 28-11-1994. A show-cause notice was served on him on 5-6-2000. That is Annexure P-1. In this notice it was stated that the petitioner has not given information to the newly elected Sarpanch about the affairs of the Gram Panchayat and he has also not informed the Sarpanch regarding the amount which is in deposit in various accounts of the Panchayat. The petitioner submitted a detailed reply. A copy of the reply is Annexure P-2. In this reply he gave full details of the amount deposited in various accounts of the Gram Panchayat, and also the other information. Thereafter the services of the petitioner have been terminated by the impugned order dated 14-7-2000 (Annexure P-3 ). The petitioner challenged this order by filing an appeal before the Sub-Divisional Officer which has been dismissed by order dated 3-10-2000 (Annexure P-5) without giving any reasons. The petitioner filed a revision against the appellate order before the Additional Collector, Sagar and that has also been rejected by order dated 24-12-2001 (Annexure P-15 ).

(3.) THE petitioner's case is that he was in the service of Gram Panchayat since 1994 and his services have been terminated by order dated 14-7-2000 without following the provisions of Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules, 1999. It is submitted that the principles of natural justice have also not been followed and services, of the petitioner have been terminated without valid reason.