KAPIL KIRAR Vs. STATE OF MP & OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution, challenges the order dated 12.5.2015 and 14.5.2015. It is contended by the petitioner that he was appointed as Gram Rojgar Sahayak. Thereafter, by order dated 26.9.2014, Annexure P/2, the Collector Shivpuri has granted him secretarial powers. This order was passed by invoking section 69(1) of MP Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for brevity, the 'Adhiniyam'). The respondent No.5 is resident of Gram Panchayat Bijroni. He was posted at Gram Panchayat Jhandi.

(2.) Shri S.K.Sharma, learned counsel for the petitioner submits that the orders dated 12.5.2015 (Annexure R/5(1)) and 14.5.2015 (Annexure P/3) are bad in law because by said orders, the respondent No.5 has been given additional charge of Gram Panchayat Bijroni. He being resident of Gram Panchayat Bijroni cannot be given charge of said Gram Panchayat. Reliance is placed on modification order of State Government dated 31.7.2014 (Annexure P/4). Shri Sharma submits that relatives of respondent No.5 became office bearers of Janpad Panchayat and under their pressure, the Chief Executive Officer (CEO) has passed the impugned order.

(3.) Prayer is opposed by Smt. Pachauri, Shri Arun Dudawat and Shri S.S.Raghuvanshi, Advocates appearing for the respective respondents. Shri Raghuvanshi submits that as per new rules, CEO is competent to pass the said orders. In addition, he placed heavy reliance on Annexure R/5(2) to submit that the petitioner is indulged in irregularities and embezzlement. He showed himself to be a MANREGA worker. He drew money against certain persons, who have already expired. For this reason, the petitioner's charge was taken away from him and was given to the private respondent.