NANURAM DHANGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 08.08.2016 passed by the Respondent No.3 by which he has been attached from the post of "Panchayat Secretary", Gram Panchayat, Budi to Janpad Panchayat Pati, District Badwani.

(2.) Facts of the case are as under :-

(3.) The petitioner has challenged the impugned order (Annexure P/1) on the ground that the Chief Executive Officer, Jila Panchayat is not competent to pass the order of attachment under Panchayat Act and Rules made thereunder. There is no provision of attachment. The Panchayat Secretary can be de-notified, suspended and terminated but he cannot be attached by way of punishment. In the impugned order the allegations of negligence and dereliction of duties were levelled. Therefore, the impugned order is causing stigma. The violation of principle of natural justice has also been raised that without issuing show-cause notice and without affording an opportunity of hearing, the impugned order was passed.