RUKSAD Vs. STATE OF M P & ORS

JUDGEMENT

(1.) Since, common questions of law and facts are involved in this writ petition as well as in W.P. No. 5626/2010 (s) therefore, with the consent of parties, the matters are analogously heard and decided finally by this common order. For the purpose of convenience facts mentioned in W.P. No 4685/2010(s) shall be taken into consideration.

(2.) In this petition, the petitioner has assailed the validity of order dated 06.08.2010 (Annexure P-1), by which the respondent No.2-Collector in exercise of powers under Section 69 of Panchayat Raj Evam Gram Panchayat Adhiniyam, 1993 (hereinafter referred to as 'Adhiniyam') has denotified powers of the petitioner as Panchayat Secretary.

(3.) The facts giving rise to filing of the present petition, briefly stated, are that the petitioner is holding the post of Panchayat Karmi in Gram Panchayat Panihar, Janpad Panchayat Badarwas District Gwalior. In exercise of powers under the 'Adhiniyam', the petitioner was also conferred with the powers of Secretary of the respondent No.4-Gram Panchayat. The Chief Executive Officer, Barai vide order dated 10.05.2010 informed the Sub-Divisional Officer about irregularities committed by Sarpanch and the petitioner. Thereafter, the Sub-Divisional Officer without conducting any inquiry passed the order dated 05/07/2010 (Annexure P-2) directing the authority to take appropriate steps and denotify the petitioner on the post of Panchayat Secretary. Accordingly, the respondent No.2 issued notice to the petitioner on 22.07.2010 with reference to order passed by SDO dated 05.07.2010. The petitioner duly replied the above notice and denied all the charges leveled against him. The contention of learned counsel for the petitioner is that the respondents without considering his reply and the specific averments that no show-cause notice and no inquiry was conducted before passing the impugned order, therefore, the power of the Panchayat Secretary can not be de-notified. The petitioner further contended that de-notification of Panchayat Secretary under Section 69 of 'Adhiniyam', Madhya Pradesh Panchayat (Discipline and Appeal) Rules, 1999 are available according to which the penalty of denotification is a major penalty under Rule 5 and accordingly for imposing any such major penalty, procedure prescribed under Rule 7 has to be followed.