RAJ KUMAR MEHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner feeling aggrieved by order dated 15.04.2009 preferred this writ petition. By the said order, the petitioner's appointment is cancelled by giving him one month's notice.

(2.) THIS is not in dispute between the parties that the petitioner submitted his candidature for the post which was reserved for Ex - Army Man. Petitioner, admittedly, himself is not a Ex -Army Man indeed, he is the son of Ex -Army Man. Petitioner's application / candidature itself shows that the petitioner is not an Ex -Army Man. The respondents have filed said application, wherein petitioner himself has mentioned that he is the son of Ex -Army Man. Shri Raghuvanshi submits that as per Rules Janpad Panchayat is appointing authority of the petitioner and therefore only Janpad Panchayat can terminate his services. In addition, it is submitted that allegations mentioned in Annexure P/1 amounts to misconduct for which the disciplinary action can be taken by the disciplinary authority alone. By placing reliance on MP Panchayt Service ( Discipline and Appeal) Rules, 1999, it is contended that termination is bad in law.

(3.) I have heard learned counsel for the parties and perused the record.