DEVENDRA SINGH RAJPUT Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 21.12.2010 passed by respondent no.1 in the revision proceedings taken up by the respondent no.5 against the orders passed by the competent authority in proceedings relating to the issue of removing him from the post of Secretary of Gram Panchayat Konikala, Janpad Panchayat Majholi, Tehsil Sihora, District Jabalpur.

(2.) THE learned counsel for the petitioner submits that the petitioner was appointed and was working as Secretary of the aforesaid Gram Panchayat since 1997. On 23.1.2001 a complaint was filed against him through a MLA of the local area which was forwarded to the Collector for enquiry. It is submitted by the petitioner that in the said enquiry the petitioner was warned for being careful in future and thereafter the enquiry was closed. It is submitted that subsequently under pressure from certain individuals including respondent no.5 the same enquiry was reopened and an adverse order against the petitioner was passed on 18.8.2004 cancelling his notification as Panchayat Secretary under section 69 of the M.P. Panchayati Raj Evam Gram Swaraj Adhiniyam, 1993. The appeal filed by the petitioner before the Commissioner was dismissed on 23.12.2004 against which the petitioner filed an application for review which was disposed of on 25.10.2005 with a direction to the Gram Panchayat to consider the case of the petitioner.

(3.) THE petitioner, being aggrieved has filed the present petition contending that on the same set of charges one enquiry had already been conducted by the authorities in which no punishment was imposed upon the petitioner except for cautioning the petitioner for being careful in future and in such circumstances the respondent authorities could not and cannot reopen the enquiry on the same charges and dismiss the petitioner as has been done in the present case.