MALKHAN SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dtd. 10/11/2022 (Annexure P/7), whereby, Chief Executive Officer, Jila Panchayat, Vidisha, has passed order directing recovery of amount from petitioner and two others and has also recommended for termination of petitioner's contract service. He has also challenged the order dtd. 19/6/2023 (Annexure P/1) passed by Collector, Vidisha, whereby, his contractual service has been terminated. The petitioner has further prayed for a direction to the respondents to reinstate him in service with full back wages.

(2.) The facts necessary for decision of this case are that the petitioner was initially appointed as Gram Rojgar Sahayak in MGNREGA Scheme in Gram Panchayat Muskura, Janpad Panchayat Lateri, District Vidisha on contract basis vide order dtd. 24/8/2022 (Annexure P/2).

(3.) From the records, it is gathered that certain complaints were made against the petitioner, Panchayat Secretary and Sarpanch of the Gram Panchayat with regard to irregularities in construction work carried out in Gram Panchayat. Based upon social audit report, a show cause notice was issued to petitioner and Panchayat Secretary on 15/9/2020 (Annexure P/4) asking them to show cause with regard to spending the amount without there being any work carried out on spot. An allegation of not maintaining proper record was also levelled. The petitioner submitted his reply on 18/9/2020 (Annexure P/5) thereby denying the allegations. In substance, he blamed Panchayat Secretary and Sarpanch of Gram Panchayat for the illegalities committed.