Kamal Singh Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6197 MP

                                                           1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                ON THE 18 th OF APRIL, 2023
                                              MISC. PETITION No. 3539 of 2020

                           BETWEEN:-
                           KAMAL SINGH AHIRWAR S/O SHRI BALLA PRASAD
                           AHIRWAR, AGED ABOUT 45 YEARS, OCCUPATION:
                           PANCHAYAT SECRETARY R/O VILL. GUNDARAI TEH,
                           SOHAGPUR HOSHANGABAD MP (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI AJAY KUMAR JAIN - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR
                                 SECTERARY DEPARTMENT OF PANCHAYAT
                                 MANTRALAYA, VALLABH BHAWAN, BHOPAL M.P.
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER   NARMADAPURA    DIVISION
                                 HOSHANGABAD DISTT.HOSHANGABAD (MADHYA
                                 PRADESH)

                           3.    CHIEF EXECUTIVE OFFICER ZILA PANCHAYAT
                                 HOSHANGABAD DISTT.HOSHANGABAD (MADHYA
                                 PRADESH)

                           4.    CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
                                 B A B A I DISTT.HOSHANGABAD      (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI A.P. SINGH - GOVERNMENT ADVOCATE FOR THE
                           RESPONDENT/STATE)

                                 This petition coming on for admission, this day, the court passed the
                           following:
                                                            ORDER

Learned counsel for the petitioner contend that in the present case, Signature Not Verified Signed by: KRISHNA SINGH Signing time: 4/21/2023 4:31:49 PM

petitioner who was posted as Secretary, Gram Panchayat, Kodarwara, Janpad Panchayat, Babai, District Hoshangabad has assailed the order dated 14.02.2020 passed by Respondent No.3 who was removed vide order dated 14.02.2020 contained in P-1, in view of his conviction in case No.141/13 dated 20.12.2019 under Sections 420, 409, 168 and 34 of the I.P.C.

Learned counsel contend that the judgment of conviction was assailed by the present petitioner by filing an appeal before the Court vide Criminal Appeal No.11186/2019 and this Court, vide order dated 29.11.2021 and also modified order dated 15.12.2021 has stayed the conviction of the present petitioner and therefore, in view of the order dated 29.11.2021 and 15.12.2021 passed in

Criminal Appeal No.11186/2019, the Chief Executive Officer, Jila Panchayat, Hoshangabad be directed to reconsider the case of the petitioner in as much as not only sentence but the conviction has also been stayed, the petitioner cannot be kept out of service.

Learned counsel for the State submit that the order dated 14.02.2020, passed by the Chief Executive Officer, Jila Panchayat, Hoshangabad was assailed by the petitioner by filing an appeal. The said appeal was also being dismissed by the Commissioner, Narmadapuram, Division Hoshangabad. The order passed by the appellate authority is further revisable before the State in terms of Rule 5 of the Madhya Pradesh Panchayat (Appeal and Revision) Rules, 1995. Therefore, as there exists an alternative remedy of appeal, no interference is warranted.

Having heard the submissions advanced on behalf of the petitioner by the rival parties, a perusal of the order dated 14.02.2020 contained in P-1 reflect that only on the sole allegation of conviction of the petitioner in case No.141/2013 under Sections 420, 409, 168 and 34 of the I.P.C., the petitioner Signature Not Verified Signed by: KRISHNA SINGH Signing time: 4/21/2023 4:31:49 PM

was removed from the post of Secretary, Gram Panchayat. The said conviction of the petitioner has been stayed by this Court vide order dated 29.11.2021 and 15.12.2021 in Criminal Appeal No.11186/2019 and the Appeal is still pending consideration. The reason on the basis of which the petitioner was removed, in the considered opinion of the Court does not survive any further. Accordingly, the impugned order dated 14.02.2020 contained in Annexure P-1 and also the subsequent order dated 03.11.2020 contained in Annexure P-2 passed by the appellate authority stand quashed.

The respondents are directed to reconsider the case of petitioner in view of the order dated 29.11.2021 and 15.11.2021 of stay of conviction passed in Criminal Appeal No.11186/2019 and pass an order afresh in accordance with law as expeditiously as possible, preferably within a period of 90 days from the date of production of certified copy of this Order.

With the aforesaid, the petition stands disposed off. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE veni

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 4/21/2023 4:31:49 PM