(1.) BY filing this petition under Article 226 of the Constitution, the petitioner has challenged the order, Annexure P-1, dated 30.3.2013, whereby the Chief Executive Officer (CEO), Jila Panchayat, has inflicted the punishment of removal from service on the petitioner.
(2.) SHRI D.S.Raghuvanshi, learned counsel for the petitioner, has advanced singular contention. He submits that as per the relevant rules, the CEO is not the disciplinary authority of the petitioner and, therefore, the order, Annexure P-1, is without any authority of law. By taking this Court to Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 (hereinafter called as "2011 Rules"), it is contended that as per this rule, the disciplinary action can be taken as per the prescribed procedure. This rule was further amended by notification dated 10.9.2012 filed with the rejoinder, whereby Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules, 1999 are borrowed for the purpose of disciplinary action. Learned counsel for the petitioner submits that a conjoint reading of 2011 Rules with the Discipline and Appeal Rules of 1999 makes it clear that the CEO has no authority to inflict the punishment of removal from service.
(3.) I have heard learned counsel for the parties and perused the record.