NEELASH DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER, who was working on the post of Panchayat Karmi in Gram panchayat Kota, Tehsil and District Shivpuri, has filed this writ petition under articles 226 and 227 of the Constitution of India for the relief that by the impugned order dated 17-4-2007 (Annexure P-9), the Collector has withdrawn the power of Panchayat Secretary under Section 69 (1) of the M. P. Panchayat raj Adhiniyam, 1993 and has further directed the Sarpanch Gram Panchayat to remove him from the post of Panchayat Karmi within one month, which is perse illegal and contrary to the principle of natural justice and beyond the powers of the Collector.

(2.) THE case of the petitioner is that he was appointed as Panchayat karmi vide order dated 27-10-1995 and on the recommendation of the sarpanch, the then Collector vide order dated 6-11-1995 declared him as panchayat Secretary and since then he is working on the aforesaid post. There was no complaint against him. The Collector Shivpuri on 16-4-2007 visited the village Kota and because he could not make the proper arrangement for the visit of the Collector, therefore, the Collector became annoyed with the petitioner and after returning to Shivpuri issued an order dated 17-4-2007 (Annexure P-9) by which the Collector withdrawn the powers of the post of panchayat Secretary of the petitioner without issuing any show-cause notice or giving any opportunity of hearing to him.

(3.) THE sole submission of the learned Counsel for the petitioner is that the order has been passed without providing any opportunity of hearing. He has filed the copy of the order issued by Commissioner Panchayat and Social welfare Department on 12-3-2003 (Annexure P-6) to all Collectors in which it has been mentioned that whenever the Collector will de-notify the powers of the post of Panchayat Secretary, before issuing orders of the de-notifying, an opportunity of hearing shall be provided to him. The similar directions have been issued by the State of M. P. Department of Panchayat and Social Welfare vide letter dated 22-9-2003 (Annexure P-7) to all the Collectors that whenever a person working on the post of Panchayat Secretary is de-notified, the opportunity of hearing shall be provided to him before passing the order of de-notification. By another circular dated 2-4-2006, the State Government department of Panchayat and Rural Development (Annexure P-8) has issued instructions to all the Collectors that before taking any action under Clause 7 of the Panchayat Karmi Yojna for removing him from his post, an inquiry shall be held by the Sub-Divisional Officer (Revenue) and after providing opportunity of hearing in that inquiry by SDO (Revenue) and after its finding, the action shall be taken against the Panchayat Karmi by the Panchayat.