SACHIN PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner is aggrieved by the order dtd. 28/8/2025 passed by Chief Executive Officer, Zila Panchayat, Gwalior, whereby, he has been removed from service and his service contract has been cancelled on account of filing of challan by Special Police Establishment (SPE), in relation to offence registered under the Prevention of Corruption Act, 1988 (for short "PC Act"). The petitioner has also challenged the Clause 6.9 () of Circular dtd. 24/6/2025 being violative of principles of natural justice. He has also prayed for a direction to the respondents to permit him to continue on his post.

(2.) The facts, in short, necessary for decision of this case are that the petitioner was appointed as Gram Rojgar Sahayak in the Gram Panchayat, Putti, Janpad Panchayat Dabra, District Gwalior. A criminal case being Crime No.244/2021 is registered against him by Superintendent of Police, SPE, Gwalior for offence punishable under Ss. 7, 13(1)(b) & 13(2) of PC Act. The SPE sought sanction for prosecution from the respondent/department on 6/9/2023 and the department, in turn, gave sanction vide memo dtd. 5/8/2024. Accordingly, after investigation, the SPE filed challan on 17/6/2025 and the trial is now pending in the Court of Special Judge (PC Act), Gwalior, which is subject matter of Special Case No.4 of 2025.

(3.) Invoking Clause 6.9() of Circular dtd. 24/6/2025, the Chief Executive Officer, Zila Panchayat, Gwalior passed the impugned order, thereby, removing the petitioner from the post of Gram Rojgar Sahayak and cancelling his service agreement with immediate effect. This has been done on account of filing of challan in relation to the aforesaid case against the petitioner.