CHANDRABHAN SINGH vs STATE OF CHHATTISGARH AND ORS.

The petitioner was appointed as Panchayat Secretary by order dated 26.01.1995 (Anneuxre â€" P/1) in exercise of power conferred under Section

69(1) of the M.P. Panchayat Raj Adhiniyam, 1993. The petitioner proceeded on medical leave from 16.03.1996 and submitted his joining on

06.04.1996 and he was served with the order of termination undated and was terminated with effect from 06.04.1996, against which this writ petition

has been preferred by the petitioner.

Learned counsel appearing for the petitioner would submit that the impugned order of termination is unsustainable and bad in law as no show cause

notice or opportunity of hearing has been given to the petitioner in terms of the instructions for Panchayat Karmi dated 12.09.1995.

On the other hand, learned State counsel would oppose the submissions made by counsel for the petitioner and would support the impugned order.

I have heard learned counsel for the parties at length, perused the impugned order and gone through the records with utmost circumspection.

The petitioner was appointed as Panchayat Secretary in accordance with the instructions dated 12.09.1995. The relevant Paraâ€"7 of the

instructions provides as under :-

“7- vkuq'kkfld dk;Zokgh %

iapk;r dehZ ij iz'kkldh; fu;a=.k iq.kZr% lacaf/kr xzke iapk;r dk gksxkA drZO; dh mis{kk] drZO; dk vikyu] vfu;ferrk vkfn dh n'kk esa muds fo:)

vuq'kklukRed dk;Zokgh djus ds vf/kdkj xzke iapk;r esa fufgr gksaxsA iapk;r dehZ dks dkj.k crkvks lqpuk fn;s tkus rFkk ;fn dksbZ mŸkj muds }kjk

fn;k gks rks ml ij fopkj djus ds mijkUr xzke iapk;r dh lkekU; lHkk mls in ls gVk ldsxhAâ€​

The aforesaid instructions clearly states that the action for removal of the Secretary of the village Panchayat needs to be in consonance with the

instructions of the Panchayat Karmi Scheme, 1995 but the petitioner has been removed dehors the Panchayat Karmi Scheme, 1995 as no show cause

notice or opportunity of hearing has been granted to the petitioner.

The fact remains that neither notice has been served nor opportunity of hearing has been granted to the petitioner and as such, the order of

termination (Annexure â€" P/9) is in teeth of the principles of natural justice and accordingly, it is quashed.

The writ petition is allowed to the extent indicated herein-above. The question of back wages will be considered and decided by respondent No.

3â€" Deputy Director, Panchayat, Social Service, Bilaspur after hearing the petitioner and concerned Janpad Panchayat expeditiously within a period

of 45 days from the date of receipt of certified copy of this order. No cost(s).