RAJU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner against order dated 13.05.2015 whereby the petitioner has been removed from the post of Secretary, Watersed Sub Committee in Soil Conservation Department of Gram Panchayat, Nagar, Tehsil Malpura, District Tonk.

(2.) Learned counsel for the petitioner submitted that the petitioner was appointed on the recommendation of the Gram Sabha, which received five applications. While all other applicants were Secondary School pass, the petitioner was the only candidate who had degree of graduation as well as post graduation. Gram Sabha, on the basis of his qualification and merit, appointed the petitioner on the aforesaid post. Certain persons of petitioner's village, due to political rivalry, made complaints against the petitioner and on that basis, Superintendent Engineer, Jal Grahan and Data Centre, Zila Parishad, Tonk vide order dated 13.05.2015 directed his removal from the aforesaid post and engagement of some other person. Learned counsel submitted that the respondents have acted on the premise that the petitioner was awarded penalty of censure during his tenure as Sarpanch of Gram Panchayat Nagar vide order dated 06.05.2010. It is contended that there is no prohibition in law in appointment of next Sarpanch. Order of Divisional Commissioner, Ajmer was not accepted by the Government, which merely directed issuing penalty of censure under Section 38(1)(b) of the Rajasthan Panchayati Raj Act, 1994. Even otherwise, penalty of censure can remain in force for a period of five years for the purpose of re-election of the petitioner as Sarpanch. There is no such rule, which debars appointment of the petitioner as Secretary of the aforesaid Samiti. Besides, the respondents have passed impugned order without notice or opportunity of hearing to the petitioner.

(3.) Learned counsel for the respondents opposed the writ petition and submitted that the petitioner was found guilty of serious misconduct, which is evident from the order of Divisional Commissioner, Ajmer dated 06.05.2010 and therefore, he was awarded penalty of censure. The petitioner was given opportunity to defend himself before the Divisional Commissioner, therefore, no separate notice was required to be issued to him.