SARWANLAL YADUWANSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner's contention is that petitioner is aggrieved of the order of suspension dtd. 16/02/2024 passed by the Chief Executive Officer, Zila Panchayat, Chhindwara placing the petitioner under suspension invoking the provisions contained in the Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules 1999.

(2.) It is submitted that new set of rules have been framed as contained in Annexure P-7 namely Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011. It is submitted that these rules do not provide for any suspension and, therefore, the action of the authority in passing an order of suspension is per se illegal and liable to be set aside.

(3.) Shri Piyush Bhatnagar, learned Panel Lawyer placing reliance on the decision of this court in Lakhpati Yadav Vs. State of M.P. and others W.P. No. 16960/2021 decided on 9/11/2021 wherein this court has held as under :- After hearing learned counsel for the parties and going through the relevant provisions of the Rules of 2011, it is necessary to make a mention of the fact that Rule 7 of the Rules of 2011 specifically provides that the Madhya Pradesh Panchayat Service (Conduct) Rules, 1998 (for brevity "Rules of 1998") shall be applicable to the Gram Panchayat Secretary. The Gram Panchayat Secretary shall be under the administrative control of the Gram Panchayat. The disciplinary action against the Gram Panchayat Secretary shall be taken in accordance with the provisions of the Madhya Pradesh Panchayat Service (Discipline & Appeal) Rules, 1999 (for brevity "Rules of 1999").