TANUJA KUMAR ROUT Vs. DISTRICT PANCHAYAT OFFICER

JUDGEMENT

(1.) THE petitioners assail the selection and appointment of opp. party No, 4 in the post of Secretary, Choramara Grama Panchayat inter alia, on the ground of gross violation of the rules of natural jutice, fair -play and procedural Irregularities.

(2.) THE short fact of the petitioners' case is that on constitution of a new Gram Panchayat namly Choramara Gram Panchayat, one Laxmidhar Rout was elected as its Sarpanch. The Sarpanch with a view to appoint his son as the Secretary of the Grama Panchayat invited applications for the post of new Secretary of the Gram Panchayat, without a valid resolution of the Gram Panchayat and without giving due publicity to the advertisement for the post. Even a Selection Committee was constituted without the knowledge of Gram Panchavat members and resolution of the Gram Panchayat and procedures under the Rules were deliberately not followed. The petitioners along with others including opp. party No. 4 were applicants for the post.

(3.) SRI Srinibas Mishra -2, the learned Senior Counsel appearing for the petitioners, referring to the relevant averments In the counter -affidavit and the annexures had contended that in view of the admitted position at the Sarpanch, Sri Laxmidhar Rout was a member in the Selection Committee and is the father of opp,, party No. 4 Sri Pabani Kanta Rout, who has been selected as the Secretary of the Gram Pgnohayat and that the Sarpanch was present and participated in the Selection Committee which interviewed the candidates including opp, party No. 4, his son, the selection and appointmnt made pursuant there to is vitiated because of violation of rule of natural justice fair play and as such should be quashed on that ground alone Mr. Mishra has drown our atention for our dicision of the honble suprem court in case of the Ashok Kumar yadav and Ors. v. State of Haryana and Ors., reported in AIR 1987 SC 454 in support of his contention. It is his further submission that the procedures, prescribed under Rules 212 and 213 of the Orissa Gram Panchayat Rules have not been followed in inviting the application for the post, constitution of Selection Committee and the selection made by it is based on extraneous consideration and with a positive bias in favour of opp. party No. 4 who is none other than the son of the Sarpanch. It is the further contention that the recommendation of the Selection Committee has not been placed before the Gram Panchayat, the appointing authority, which is the Panchayat having not accepted the recommendation, the Sarpanch was not authorised under the Rules to send the proposal for approval of the appointment in favour of the opp. party No. 4.