CHANDER SHEKHAR Vs. STATE OF HP

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dtd. 23/8/2021 (Annexure P-9), issued under the signatures of Assistant Commissioner (Dev.)-cum-Block Development Officer, Jhanduta, District Bilaspur, whereby it came to be communicated to Pradhan/ Secretary, Gram Panchayat Galiya, Development Block Jhanduta, District Bilaspur, that appointment of the petitioner herein on temporary basis as Chowkidar in the concerned Gram Panchayat has been found to be made in violation of Sec. 151 of Panchayati Raj Act and as such, aforesaid person may be dismissed with immediate effect, petitioner has approached this Court in the instant proceedings filed under Article 226/227 of Constitution of India, praying therein for the following main relief:

(2.) Precisely, the facts of the case, as emerge from the record, are that person namely Sh. Satpal Singh was working as Chowkidar in Gram Panchayat Galiya, but since he was not performing his duties on account of illness, aforesaid Gram Panchayat, without following due process of law, proceeded to appoint petitioner herein as Chowkidar of the Gram Panchayat on temporary basis.

(3.) Being aggrieved and dissatisfied with the appointment of the petitioner, local people made complaint to the Block Development Officer, who, with a view to ascertain the correctness of the allegations levelled in the complaint, constituted inquiry, which revealed that the present petitioner was appointed as temporary Chowkidar in clear violation of Sec. 151 of Panchayati Raj Act, 1994. Inquiry revealed that mother of the petitioner was Ward Member of Ward No. 5 and she in connivance with other members got her son illegally appointed against the post of Chowkidar on temporary basis.