Arjun Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7121 MP

                                                                       1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                                ON THE 11th OF MAY, 2022

                                                           WRIT PETITION No. 6643 of 2021

                                               Between:-
                                               ARJUN SINGH S/O SHRI NARENDRA SINGH
                                               PARMAR    OCCUPATION:   SERVICE   (NOW
                                               TERMINATED FROM THE POST OF GRAM
                                               ROJAGAR    SAHAYAK) THRO. ROHIT SINGH
                                               PARMAR S.O SHRI NARENDRA SINGH PARMAR
                                               AGE 36 GRAM PANCHAYAT VERMATAL
                                               JANPAD PANCHAYAT JATARA (MADHYA
                                               PRADESH)

                                                                                                .....PETITIONER
                                               (BY SHRI ARVIND KUMAR PATHAK, ADVOCATE)

                                               AND

                                       1.      THE STATE OF MADHYA PRADESH THRO. ITS
                                               PRINCIPAL   SECRETARY PANCHAYAT AND
                                               RURAL     DEVELOPMENT     DEPARTMENT
                                               MINISTRY VALLABH    BHAWAN    BHOPAL
                                               (MADHYA PRADESH)

                                       2.      COLLECTOR CUM DISTRICT PROGRAMMER
                                               OFFICER TIKAMGARH DISTT. TIKAMGARH MP
                                               (MADHYA PRADESH)

                                       3.      JILA PANCHAYAT THR. CHIEF EXECUTIVE
                                               OFFICER DISTT. TIKAMGARH MP (MADHYA
                                               PRADESH)

                                       4.      JANPAD PANCHAYAT JATARA THR. ASSISTANT
                                               COMMISSIONER/CHIEF EXECUTIVE OFFICER
                                               DISTT. TIKAMGARH MP (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                               (BY SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER)

Signature Not Verified
  SAN
                                             Th is petition coming on for hearing this day, the court passed the

Digitally signed by MOHD TABISH KHAN
Date: 2022.05.12 22:11:19 PDT
                                       following:
                                                                        ORDER

Petitioner is aggrieved of impugned order dated 18.01.2021, Annexure P- 2 and consequential order dated 28.07.2020, Annexure P-1 whereby respondent authorities have dispensed with the services of the petitioner without affording him an opportunity of hearing.

It is submitted that Division Bench of this Court in Writ Appeal No.133/2022 decided on 14.02.2022 (Ram Singh Yadav Vs. State of M.P. and Others) has held that under similar facts and circumstances, an order was passed on 09.12.2021 in Writ Appeal No.1199/2021 holding that until and unless the petitioner is heard or one month's notice is given, the termination order is not sustainable. In above terms, the appeals were allowed.

In the present case also petitioner has not been given any opportunity of hearing and his services have been terminated. Accordingly, impugned order of termination and the appellate order passed by the Chief Executive Officer, Jila Panchayat, Tikamgarh are set aside.

It is directed that let petitioner be afforded an opportunity of hearing in terms of the ratio of law laid down by Division Bench of this Court in Writ Appeal No.1199/2021 or giving him a notice of one month before dispensing with the services of the petitioner.

In view of said judgment, writ petition is allowed. However, liberty is reserved in favour of the respondents that if they so wish they may issue a notice to the petitioner and after giving him an opportunity may pass a fresh order.

Certified copy as per rules.

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN

(VIVEK AGARWAL) Date: 2022.05.12 22:11:19 PDT

JUDGE

Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.05.12 22:11:19 PDT