KAILASH HADA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India challenging the order dtd. 21/12/2022 passed by respondent no.4, by which the petitioner's service as Gram Rojgar Sahayak has been terminated and the order dtd. 31/1/2023 dismissing the first appeal by respondent no.3 and also order dtd. 16/4/2024 whereby the second appeal has been dismissed by the respondent no.2.

(2.) The facts of the case are that the petitioner was appointed as Gram Rojgar Sahayak on 7/3/2013 on contract basis. A complaint was made in which it was stated that the petitioner was demanding money for releasing the installments of Pradhan Mantri Avas Yojna and the audio CD purported to be a conversation between the petitioner and villagers was also filed alongwith the complaint. The respondent no.5 issued a show cause notice to the petitioner alleging that he demanded money for releasing the installments of money from the beneficiaries and the petitioner was asked to submit the reply. A copy of the show cause notice dtd. 22/9/2022 has been placed on record as Annexure P/7. In pursuant to the said notice, the petitioner submitted a reply before the respondent no.5 denying the aforesaid allegations. Alongwith his reply, he filed statement of the villagers Bahadur, Kehring and Basantibai stating that there was no such demand.

(3.) The respondent no.5 after affording opportunity of hearing to the petitioner and considering the allegations in the complaint and audio CD, found that the petitioner in inebriate condition was abusing the beneficiaries and was demanding money and terminated the services of the petitioner as per clause 15 of the the Mahatma Gandhi National Rural Employement Guarantee Act (MGNREGA) Scheme, which was also one of the conditions of the appointment order.