Citation : 2021 Latest Caselaw 3320 MP
Judgement Date : 15 July, 2021
1 WP-7077-2021
The High Court Of Madhya Pradesh
WP-7077-2021
(PURSHOTTAM KOL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 15-07-2021
Heard through Video Conferencing.
Mr. Brijesh Chandra Choubey, learned counsel for the petitioner.
Mr. Darshan Soni, learned P.L. for the respondent/ State.
Learned counsel for the petitioner has challenged the order dated 21.01.2021 contained in Annexure P/2. By the said order service of the
petitioner who is working as Gram Rojgar Sahayak/ In-Charge Secretary (contract employee) has been terminated as he had committed violation of Clauses 14 and 15 of the policy. It is submitted by the counsel for the petitioner that order dated 21.01.2021 is without jurisdiction. The State Government has amended the policy on 21.01.2021 and power to terminate the services of contract employee Gram Rojgar Sahayak was vested in Collector. In view of the amendment dated 21.01.2021, the C.E.O. Janpad Panchayat, District Katni could not have passed the order. The order suffers from error of jurisdiction. It is further submitted by him that the case of the
petitioner is covered by the judgment dated 29.06.2018 passed in W.P.No.11042/2018.
Learned counsel for the State perused the amended policy Annexure P/4 and submitted that as per the amendment, Collector is competent to pass order of termination of Gram Rojgar Sahayak.
Considering the aforesaid submissions, writ petition filed by the petitioner is allowed. The impugned order dated 21.01.2021 is quashed. If required, the respondents may take action against the petitioner as per the amended policy.
C.C. As per rules.
(VISHAL DHAGAT)
JUDGE
Signature
SAN Not
Verified
Digitally signed by
VIKRAM SINGH
Date: 2021.07.16
14:01:56 IST
2 WP-7077-2021
Vikram
Signature
SAN Not
Verified
Digitally signed by
VIKRAM SINGH
Date: 2021.07.16
14:01:56 IST
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