Smt. Meena Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3561 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     WP No. 3891 of 2023
                                    (SMT. MEENA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 28-02-2023
                               Shri Kaustubh Jha - Advocate for the petitioner.

                               Shri Rajeshwar Rao - Government Advocate for respondents/State.

Shri T.P. Jaiswal - Advocate for the respondent No.5.

Heard on admission/stay.

Petitioner, who is working as Panchayat Secretary, is aggrieved by the

order dated 07.02.2023 (Annexure-P/1) passed by C.E.O. Jila Panchayat, Rewa whereby petitioner, who was working as Panchayat Secretary in Gram Panchayat, Rajgarh, Janpad Panchayat, Sirmour, has been attached to office of Janpad Panchayat, Sirmour on certain complaints.

It is the submission of learned counsel for the petitioner that as per Rule 6 (7) of Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011, Panchayat Secretary can be transferred on complaint if proper enquiry is held and thereafter, on the recommendation of Chief Executive Officer Janpad Panchayat. Here stigma has

been cast upon petitioner, but no enquiry has been held. Therefore, same is contrary to the very Rule itself. He relied upon judgment passed by this Court in the case of Nanu Ram Vs. State of M.P., 2018 (1) MPLJ 63.

Learned counsel for the respondent/State was earlier directed to seek instructions vide order dated 21.02.2023.

Learned Government Advocate for the respondent/State fairly informs this Court that as per the provisions of relevant rules, Panchayat Secretary cannot be attached to office of Janpad Panchayat. Signature Not Verified Signed by: POONAM MANEKAR Signing time: 3/1/2023 11:00:54 AM

Learned counsel for private respondent opposed the prayer and submitted that he is a new incumbent in place of petitioner and complaints against petitioner were pending. Therefore, he has been placed as Panchayat Secretary.

Issue notice to the respondent Nos.3, 4 & 5 on payment of process fee through registered A/D mode within seven working days, returnable within four weeks.

Till the next date of hearing, effect and operation of impugned order dated 07.02.2023 shall remain stayed and petitioner shall be allowed to continue at her present place of posting.

C. C. as per rules.

(ANAND PATHAK) JUDGE

pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 3/1/2023 11:00:54 AM