DHARMENDRA SINGH PARIHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) In this petition, under Articles 226/227 of the Constitution of India, petitioner has challenged validity, legality and propriety of the revisional order dated 15/9/10 (Annexure P/1) passed by Additional Commissioner, Gwalior Division, appellate order dated 8/6/10 (Annexure P/2) passed by Collector, District Datia and order dated 26/5/10 (Annexure P/3) passed by Chief Executive Officer, Janpad Panchayat, Bhander, District Datia, whereby services of the petitioner have been terminated, without affording opportunity of hearing and without following the principles of natural justice.

(3.) Facts leading to filing of this petition, briefly stated, are that petitioner was working on the post of Samvida Shala Shikshak Varg - II in a School under Janpad Panchayat, Bhander, District Datia. The respondents/State with the intention to appoint Samvida Shala Shikshak Varg-II had framed rules known as M.P. Panchayat Nikay Samvida Shala Shikshak (Niyojan Avam Samvida Shart) Rules, 2005. A complaint had been filed against the petitioner by the President of Parents-Teachers Association before SDO (Revenue) on 25/2/10. Thereafter, in-house enquiry was conducted and Headmaster of the middle school submitted enquiry report on 7/3/10. Thereafter, SDO, Bhander referred the matter to Collector, Datia for taking action against the petitioner on 30/4/2010. The Collector, Datia issued directions for taking penal action against the petitioner. Thereafter, services of the petitioner were terminated by Chief Executive Officer, Janpad Panchayat vide order dated 26/5/2010 (Annexure P/1). The said order has been affirmed in appellate and revisional proceedings vide orders (Annexures P/2 and P/1), aggrieved whereof, the instant petition has been preferred.