RAMNATH SAHU Vs. PRATAP CHANDRA SINGH

JUDGEMENT

(1.) THE Petitioner is the Secretary of the Pudamari Grama Panchayat and the opposite party is its Sarpanch. The Sarpanch dismissed the Secretary on 1 -5 -1961. Against this order the Secretary filed an appeal to the Grama. Panchayat under Rule 95 of the Orissa Grama Panchayat Rules, 1949 within 15 days of the service of the order as prescribed in that rule. There is an averment in the petition that no enquiry was made before the order of dismissal was passed. Though notice was served on the Sarpanch he has not appeared and no counter affidavit has been filed. We accordingly accept the facts mentioned in the petition as correct. Those facts are that the Secretary was dismissed from service without an enquiry being held and though an appeal was filed before the Grama Panchayat it has not been disposed of yet.

(2.) THE question for consideration is whether the dismissal of the Secretary without an enquiry being held, is valid in law. Rule 93 of the Orissa Grama Panchayat Rules, 1949, runs thus:

(3.) I agree.