LAWS(ORI)-1996-10-4

KASINATH PANI Vs. SOCIAL EXTENSION OFFICER

Decided On October 07, 1996
Kasinath Pani Appellant
V/S
Social Extension Officer Respondents

JUDGEMENT

(1.) BY this writ petition, the petitioner Kasinath Pani seeks quashing of the order dated 14 -8 -1995 (Annexure -3) terminating his services as Secretary of Gaiba Grama Sasan.

(2.) THE petitioner was serving as Secretary of Gaiba Grama Sasan at the material time. The Block Development Officer, Gumma (Opp. Party No. 3) issued letter No. 1609 dated 15 -7 -1996 (Annexure -1) directing the Sarpanch to terminate the services of the petitioner as Secretary after discussing the matter in the Grama Panchayat. In the said letter the Block Development Officer clearly stated that he issued the instruction pursuant to the letter of the District Panchayat Officer and the direction of the Collector. The Gaiba Grama Panchayat accordingly held its meeting on 26 -7 -1995 but decided unanimously not to remove the petitioner from service as he bad been serving quite satisfactorily. In August, 1995 as a consequence of dissolution of all the Panchayat in the State the ejected member and Sarapanches of the Grama Panchayats ceased to function and so far as Gaiba Panchayat was concerned, the Social Extension Officer. Gumma Block (opp. party No. 1) remained in charge of the said Panchayat who in the capacity of the Sarpanch issued the impugned order dated 14 -8 -1995 (Annexure -3) removing the petitioner from service as the Secretary.

(3.) FROM the pleadings of the parties, the following questions arise for consideration :