Yashwant vs The State Of Madhya Pradesh And 5 ...
2023 Latest Caselaw 13877 MP

                                                                       -1-


                           IN THE               HIGH COURT OF MADHYA PRADESH
                                                      AT I N D O R E
                                                                      BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                      ON THE 24th OF AUGUST, 2023
                                                    WRIT PETITION No. 13792 of 2010

                           BETWEEN:-
                           YASHWANT S/O ONKARSINGH, AGED ABOUT 35 YEARS, R/O
                           KHARWAKALA TEHSIL A LOT,   DISTRICT RATLAM (MADHYA
                           PRADESH)
                                                                                                           .....PETITIONER
                           (MS. PRANJALI PANDYA, ADVOCATE.)

                           AND
                                THE STATE OF MADHYA PRADESH THROUGH COLLECTOR,
                           1.
                                PANCHAYAT, DISTRICT RATLAM (MADHYA PRADESH)
                                CHIEF EXECUTIVE OFFICER, JILA PANCHAYAT, RATLAM (MADHYA
                           2.
                                PRADESH)
                                CHIEF EXECUTIVE OFFICER, JANPAD PANCHAYAT, ALOT (MADHYA
                           3.
                                PRADESH)
                                DEPUTY DIRECTOR, PANCHAYAT & SAMAJIK NYAY, DISTRICT
                           4.
                                RATLAM (MADHYA PRADESH)
                                 ADDITIONAL COMMISSIONER,                              UJJAIN         DIVISION,          UJJAIN
                           5.
                                 (MADHYA PRADESH)
                                 ADDITIONAL COMMISSIONER,                              UJJAIN         DIVISION,          UJJAIN
                           6.
                                 (MADHYA PRADESH)
                                                                                                        .....RESPONDENTS
                           (SHRI SUDARSHAN JOSHI, GOVERNMENT ADVOCATE.)
                           --------------------------------------------------------------------------------------------------------
                                   This petition coming on for orders this day, the court passed the
                           following:




Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 24-08-2023
18:36:53
                                                           -2-


                                                            ORDER

[1] The petitioner has filed the present petition being aggrieved by order dated 06.05.2005 whereby order dated 15.12.1995 notified him Secretary under Section 69(1) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 has been cancelled. The petitioner was appointed as Panchayat Karmi in Gram Panchayat Lasudia, Surajmal Vikas Khand, Alot thereafter, vide order dated 15.12.1995 he was notified to the post of Secretary under Section 69(1) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993.

[2] He was served with the show cause notice dated 03.11.2004 by Sub-Divisional Officer, Ratlam on the charges of negligence in discharging the duties of Secretary. He submitted a reply dated 29.11.2004 that he had already prepared the cheque for payment of social security pension and for want of signature of Sarpanch the pension could not be distributed. Another show cause notice dated 02.04.2005 was issued that he has not distributed the social security pension to the beneficiary for the month August, September, October 2004. It was also alleged that construction work has been completed upto 70% and from January there is no progress as to why notifying to the post of Secretary be cancelled.

[3] The petitioner submitted a reply which was not found satisfactory and impugned order dated 06.06.2005 was passed thereafter, he preferred an appeal to the Commissioner which came to be dismissed vide order dated 08.09.2009. The learned Commissioner has held that his power of Secretary has been taken away but there is no order of

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 24-08-2023 18:36:53

removal from the post of Panchayat Karmi. The petitioner has challenged the aforesaid two orders, inter alia, on the ground that the procedure prescribed for de-notifying the Secretary has not been followed which is a major punishment.

[4] Learned counsel for the petitioner has placed reliance on a circular dated 22.09.2003 (Annexure P/9) and the judgment passed by Division Bench of this Court in case of Lalla Prasad Burman v/s State of M.P. and others [I.L.R. (2008) M.P. 1050] and by Single Bench of this Court in case of Bapulal Dhangar v/s Chief Executive Officer, Jila Panchayat, Ratlam [M.P. No.205 of 2019] decided on 05.02.2020 and Mohanlal v/s State of M.P. and others [W.P. No.5588 of 2009 decided on 27.07.2010].

[5] The respondents have filed the reply by submitting that after passing the aforesaid two impugned orders, the Panchayat called a meeting on 02.08.2005 and passed a resolution for removal of the petitioner from the post of Panchayat Karmi thereafter, vide meeting dated 09.06.2010, resolution has been passed for appointing Sanver Singh S/o Datar Sing as Secretary. Thereafter, vide order dated 09.06.2010 he was appointed as Secretary and also notified as Secretary. The petitioner has not challenged the aforesaid orders, therefore, the petition is devoid of merits and is liable to be dismissed.

[6] So far as the judgment passed in the case of Lalla Prasad Burman (supra) is concerned, it was reconsidered by Full Bench in the case of Chandpal Yadav v/s State of M.P. [(2016) 1 M.P.L.J. 685] in which it was held that withdrawal of charge bestowed on any employee

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 24-08-2023 18:36:53

of the Gram Panchayat to discharge the duties and functions of Secretary of the Gram Panchayat cannot and does not result in disciplinary action or for that matter reduction in rank or suspension. No prior notice or opportunity of hearing before suspension of the Gram Panchayat Secretary or for that matter withdrawal (de-notified) of such charge given to the Panchayat Karmi, is required to be given by the competent Authority to the concerned employee much less who is facing serious criminal case competent authority to the employee and overruled the judgment passed in the case of Lalla Prasad Burman (supra).

[7] In view of the above, the aforesaid judgment of Lalla Prasad Burman (supra) on which learned counsel for the petitioner has relied on will not help the petitioner. So far as the de-notification from the post of Secretary is concerned, it is only power conferred under Section 69 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993, if the petitioner is not holding a substantive post of Panchayat Karmi then even if this petition is allowed and order impugned orders are set aside, he cannot be conferred power of Secretary because he is no more a Panchayat Karmi hence, no relief can be granted.

[8] With the aforesaid, Writ Petition stands dismissed.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 24-08-2023 18:36:53