Surajbhan Singh Vaish vs State of M.P. And Others

This petition under Article 226 of the Constitution of India has been filed against the order dated 07.08.2020 passed by respondent No. 3 by which the current charge of post of Panchayat Secretary, Barkhadi, District Shivpuri has been withdrawn.

It is submitted by the counsel for the petitioner that in case of vacancy the current charge of the said post can be given to Panchayat Secretary of nearby Gram Panchayat, but the respondents have wrongly given the current charge of the post of Panchayat Secretary, Gram Panchayat Barkhadi to respondent No. 5.

Heard the learned counsel for the petitioner.

Undisputedly, the only current charge of post of Panchayat Secretary, Gram Panchayat, Barkhadi has been withdrawn from the petitioner and he is still holding his substantial post.

The Supreme Court in the case of State of Haryana Vs. S.M. Sharma and others reported in AIR 1993 SC 2273 has held as under:-

We are constrained to say that the High Court extended its extraordinary jurisdiction under Article 226 of the Constitution of India to a frivolity. No one has a right to ask for or stick to a current duty charge. The impugned order did not cause any financial loss or prejudice of any kind to Sharma. He had no cause of action whatsoever to invoke the writ jurisdiction of the High Court. It was a patient misuse of the process of the Court. We. therefore allow the appeal set aside the impugned judgment of the High court dated August 20, 1992 and dismiss the writ petition filed by sharma before the High court with costs. We quantify the costs as Rs. 10,000/-

Since the petitioner has no substantial right to hold the current charge of post of Panchayat Secretary, Gram Panchayat Barkhadi District Shivpuri, therefore, this petition is dismissed.