Kumer Singh vs State Of Madhya Pradesh & Ors

Challenge in this petition is to the enquiry report Annexure P-1 dated 27.08.2011 whereby certain adverse findings have been given against the petitioner who at that point of time was appointed as Panchayat Karmi (now designated as Panchayat Secretary, Gram Panchayat).

Without going into the prolixity of the pleadings and the arguments advanced by the learned counsel for the petitioner, the parties are at consensus that interest of justice would be served if direction is passed to the competent authority, i.e., Collector, Vidisha to consider the said impugned report (Annexure P-1) and pass appropriate orders in terms of guidelines laid down in the order of the Division Bench dated 28.04.2011 in W.A. No.233/2011 vide Annexure P-12.

Accordingly, present petition is disposed of without commenting upon the tenability of the impugned report directing the Collector to take a final decision on the issue involved in the petition in terms of the directions of the Division Bench passed in Writ Appeal No. 233/2011 which is reproduced below for ready reference and convenience:-

"Looking to the aforesaid facts of the case, in our opinion, the explanation put forth by respondent No.5 that his services were never terminated is not proper because respondent No.5 has waited for a period of near about four years.

Looking to the aforesaid delay of a period of four years in filing the appeal before the Additional Commissioner, the respondent No.5 has no right to continue in service up to the decision of the enquiry. In this view of the matter, the present appeal filed by the appellant is disposed of with the following directions:-

(1) The order of remand passed by the Additional Commissioner and affirmed by the learned Single Judge is up-held.

(2) It is further specified that the Authority shall further enquire the fact that whether respondent No.5 was terminated from service or not and in what circumstances the appellant was appointed to the post of Panchayat Karmi.

(3) Looking to the facts of the case, the direction in regard to continuance in service of respondent No.5 upto completion of enquiry is set aside.

(4) It is further directed that upto decision of the enquiry the appellant shall continue in service as Panchayat Secretary.

(5) No order as to costs."

The aforesaid exercise be completed within a period of sixty days from the date of receipt of certified copy of this order by passing a speaking order and communicate the same to all concerned.

With the aforesaid directions, petition stands disposed of.