Lakhan Singh vs State Of Madhya Pradesh
2024 Latest Caselaw 5484 MP

Madhya Pradesh High Court

Lakhan Singh vs State Of Madhya Pradesh on 22 February, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 22 nd OF FEBRUARY, 2024
                                             WRIT PETITION No. 1390 of 2013

                           BETWEEN:-
                           LAKHAN SINGH S/O SHRI RAMCHARAN LAL, AGED
                           ABOUT 37 YEARS, OCCUPATION: SERVICE, GRAM
                           PANCHAYAT   SIRSULA    JANPAD    PANCHAYAT
                           BHITARWAR  DISTRICT   GWALIOR      (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (NONE FOR THE PETITIONER)

                           AND
                           1.    STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY PANCHAYAT AND
                                 SOCIAL WELFARE DEPARTMENT MANTRALAYA
                                 GOVT. OF M.P. VALLABH BHAWAN BHOPAL MP
                                 (MADHYA PRADESH)

                           2.    THE COLLECTOR,GWALIOR (MADHYA PRADESH)

                           3.    THE     JANPAD      PANCHAYAT,BHITARWAR,
                                 DISTRICT GWALIOR THROUGH ITS CHIEF
                                 EXECUTIVE OFFICER, (MADHYA PRADESH)

                           4.    ARUN    KUMAR      PATHAK   PANCHAYAT
                                 COORDINATOR    OFFICER  AND  INCHARGE
                                 JANMITRYA, JANMITRYA SAMADHAN KENDRA,
                                 CHINORE JANPAD PANCHAYAT BHITARWAR,
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI S.S. KUSHWAHA - GOVERNMENT ADVOCATE)

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

1 . The present petition arising out of the order dated 20.12.2011 (24.12.2011) passed by the respondent no.2, whereby the petitioner has been placed under suspension while exercising powers framed under the Rules of M.P. Panchayat Service (Gram Panchayat Secretary Recruitment & Condition of Service) Rules, 2011.

2. At the outset learned Government Advocate submits that question as to whether the Collector has power to suspend a Panchayat Secretary under the Rules, 2011 is no more res integra. The Coordinate Bench of this Court in the matter of Devendra Singh Kirar Vs. State of M.P. and others in W.P.No.136/2013 decided 22.4.2014 while analyzing the Rules of 2011

had concluded that the Collector is having jurisdiction and authority to suspend Panchayat Secretary.

3. After going through the said judgment passed by the Coordinate Bench of this Court, this Court does not find any reason to take a different view. Therefore, the present petition being devoid of any substance, is hereby dismissed.

(MILIND RAMESH PHADKE) JUDGE Pawar