Dhaniram Rawat vs State of Madhya Pradesh and Others

Rohit Arya, J.—This instance appeal is directed against the order dated 17.7.2013 passed in Writ Petition No. 3788/2013. Subject matter of challenge before the writ Court related to suspension of the petitioner on 31.8.2012, while he was serving as Panchayat Secretary in Gram Panchayat Arrodari Tehsil Veerpur District Sheopur, Madhya Pradesh. Petitioner being aggrieved by the suspension order filed, an appeal before the Commissioner, Chambal Division, Morena. The appellate authority vide order dated 25.4.2013 dismissed the appeal. Against the aforesaid order, petitioner preferred a writ petition. It is also relevant to mention that petitioner has also been issued a charge sheet containing serious charges against him. The writ Court was of the view that an employee can be placed under suspension during enquiry, investigation and trial, therefore, the necessary ingredients for keeping the petitioner under suspension were well evident. The petitioner has tried to make dent in the order of suspension by contending that the Chief Executive Officer was not competent to issue suspension order. It was an oral submission. Neither in the appeal nor in the writ court, such plea was raised. However, learned Single Judge observed, respondents should expedite and complete the disciplinary proceeding in accordance with law expeditiously, subject to petitioner''s cooperation.

The appellant has raised the issue as regards competence of the Chief Executive Officer to pass impugned suspension order against the appellant. Respondent/State has brought to the notice of this Court Rules known as Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment & Conditions of Service) Rules 2011. Definition Clause Rule 3(b) defines appointing authority reads as under:

Appointing Authority" with respect to Gram Panchayat Secretary means the Chief Executive Officer, Zila Panchayat.

Rule 3(d) defines Gram Panchayat Secretary, reads as under:

Gram Panchayat Secretary" means such person appointed by Chief Executive Officer, Zila Panchayat in the Gram Panchayat coming under its control.

Besides this, Schedule I Rule-4 further defines Classification & Pay Scale of the Gram Panchayat Secretary, reads as under:

On perusal of the aforesaid, rules lead to irresistible conclusion that the Chief Executive Officer is appointing authority of Gram Panchayat Secretary. That being so, contention of the appellant that the Chief Executive Officer not being appointing authority, was not competent or lacked jurisdiction to issue suspension order, is devoid of substance and wholly misconceived. That being so, we find no infirmity in the order passed by the learned Single Judge. We accordingly, affirm the same and dismiss the writ appeal.