BALARAM MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) In the instant petition under Article 226 of Constitution of India, the petitioner [who was working on the post of Secretary, Gram Panchayat, Guradiyalalmuha, District-Mandsaur (MP)] has challenging the impugned order of termination dtd. 21/4/2022 (Annexure-P/2) passed by the respondent No.2, whereby the services of the petitioner have been terminated from the post of Secretary of Gram Panchayat on the ground of his conviction by a criminal Court of law. The aforesaid order has been passed in exercise of powers under Rule 7 (1) of Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules, 1999 (herein after referred to as the Rules of 1999 ).

(2.) The facts of the case in nutshell are as under: - The petitioner initially appointed as Secretary in Gram Panchayat, Guradiyalalmuha, District-Mandsaur (MP) in the year 30/10/1995 and was performing his work very efficiently and diligently. All of a sudden, one fine day some unknown person has made a complaint against the petitioner regarding the irregularities and illegalities committed by him by giving benefit in the scheme called Panchparmeshwar Yojna. Thereafter, a case has been registered against the petitioner in which conviction order is passed on 12/4/2022 on account of which he was punished for a period of five years. Later on, the services of the petitioner was terminated by respondent No.2 vide order dtd. 21/4/2022 that too without hearing the petitioner and without holding any enquiry. Being aggrieved with the same, the petitioner has approached this Hon'ble Court by filing the writ petition which was disposed of by this court by giving the direction to the petitioner to file an appeal before the Commissioner, Ujjain. It is further stated that the petitioner has filed the appeal before the Commissioner, Ujjain and the same was dismissed vide order order dtd. 23/6/2025. Hence, prays for reinstatement of the petitioner on the said post.

(3.) Learned counsel for the petitioner argued that the order of termination has been passed without holding an enquiry, as envisaged under Rule 7 of the Rules of 1999.