RAM PRATAP BAIGA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner before this Court has filed this present petition being aggrieved the action of the Gram Panchayat in terminating the services of the petitioner by passing a resolution dated 17/03/2008. The petitioner is also aggrieved by the action of the Gram Panchayat in advertising the post of Panchayat Karmi in respect of Gram Panchayat Pahadiya District -Umariya.

(2.) THE petitioner's contention is that he was appointed as Panchayat Karmi by an order dated 01/11/1996 and without taking any action under the M.P. Panchayat Service (Discipline and Appeal) Rules, 1999 a resolution was passed to discontinue the petitioner. The resolution is on record as Annexure P/2. The petitioner further stated that he was directed to continue by the Gram Panchayat however, another letter was issued on 17/03/2008 informing the petitioner that his services have been put to an end by the Gram Panchayat and thereafter an advertisement was issued on 26th May, 2008 inviting applications for the post of Panchayat Karmi in respect of Gram Panchayat in question.

(3.) LEARNED Deputy Advocate General argued that as the petitioner has committed alleged misconduct he was rightly discontinued by the Gram Panchayat, however has not disputed the legal position as provided under the statutory provisions as contained under the M.P. Panchayat (Discipline and Appeal) Rules, 1999.