RAMSUVAN PATEL Vs. GRAM PANCHAYAT, AAMADEEH & OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India takes exception to the order dated 15.03.2007 said to be passed by the Collector, Shahdol, as also to the order dated 10.05.2010, passed by the Commissioner, Shahdol Division, Shahdol.

(2.) The petitioner, said to be selected for appointment on the post of Panchayat Karmi in Gram Panchayat, Aamadeeh, Janpad Panchayat Jaisinhnagar, District Shahdol, was declared the Secretary of the said Gram Panchayat. On 15.03.2007 an order was passed in respect of the petitioner de-notifying him as Secretary of the Gram Panchayat. The petitioner preferred an appeal against the said order before the Commissioner, Shahdol Division, Shahdol, which appeal has been dismissed on 10.05.2010, hence this writ petition has been filed.

(3.) The fact giving rise to filing of the present writ petition is that on the appointment of the petitioner as Panchayat Karmi, he was notified vide order dated 12.10.1999 as Secretary of the Gram Panchayat concerned. His name finds place at S.No.42 of the order. The petitioner was discharging his duties properly. However, some complaint was made in respect of payment of wages to the labours by the Ex-Sarpanch of the Gram Panchayat. The complaint was referred to Janpad Panchayat, Jaisinghnagar, District Shahdol. An enquiry was conducted and it was found that the Ex-Sarpanch, by name Shri Ram Swaroop Baiga and his associate Shri Vijay Patel have committed manipulation in the muster rolls. The said muster rolls were not handed over to the successor of the said Sarpanch and, therefore, financial irregularities were found. The findings were recorded in the said enquiry that the petitioner, who was working as Secretary, was not given any documents and he was holding his office in the house of one Ramnaresh Patel, who was Up-Sarpanch. Even after receipt of this report, some recommendations were made and though no irregularity whatsoever was alleged against the petitioner, an order was issued by the Sub Divisional Officer, Jaisinghnagar, District Shahdol, on 14.03.2007 saying that the present petitioner was also responsible for the said irregularities. Since he was required to be removed by the Gram Panchayat, it was directed that action be taken in that respect by the said Gram Panchayat. Copy of the order was sent to the Collector, Shahdol, for the purpose of de- notification of the petitioner as Panchayat Secretary.