RADHAMOHAN GOUDA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) Heard Mr. P.K. Mishra, learned Counsel for the Petitioner and Mr. Dash, learned Counsel for the State.

(2.) The Petitioner was appointed as the Secretary of Jagadalpur Grama Panchayat under Muniguda Block in the district of Rayagada in 1985 and was working as such. A criminal case under Sec. 409 I.P.C. was initiated against him upon which G.R. Case No. 117 of 2003 was registered and he being arrested by the police in connection with the said case, was put under suspension by the Grama Panchayat as per Rule 216(b) of the Orissa Grama Panchayat Rules. The Petitioner thereafter was released on bail on 19.6.2003. As there was none -else except the Executive Officer in the Grama Panchayat, the Panchayat felt that considering the work load and the fact that the Petitioner has already been released on bail, he should be allowed to rejoin in his post as Secretary by lifting the order of suspension. No doubt, under the Orissa Grama Panchayat Rules, no specific provision is made for lifting the order of suspension, but, however, it is naive to state that the employer, who has power to suspend, has always the power to lift the suspension of an employee. It also appears that the Grama Panchayat in the Panchayat meetings held on 25.7.2003 and again on 28.5.2004 resolved that the Petitioner should be allowed to continue in the post of Secretary on lifting the order of suspension and also resolved that appropriate letter should be written to the District Panchayat Officer and other authorities. Copies of such resolutions have been annexed to the writ petition as Annexures -2 and 3.

(3.) It appears that after the last Panchayat election, when the new elected members constituted the Grama Panchayat, in a meeting held on 2.11.2007, they again resolved that the Petitioner should be paid his subsistence allowance from the date when he was put under suspension till he joins as Secretary. The grievance of the Petitioner is that in spite such resolutions of the Grama Panchayat, no action has been taken and the Petitioner has not yet been allowed to rejoin in his post as Secretary.