Deshraj Singh vs State Of M.P
2024 Latest Caselaw 5485 MP

Madhya Pradesh High Court

Deshraj Singh vs State Of M.P 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. 268 of 2012

                           BETWEEN:-
                           DESHRAJ SINGH S/O JEEVAN LAL KUSHWAHA, AGED
                           ABOUT 41 YEARS, OCCUPATION: SERVICE R/O VILL
                           BHEEMPUR,TEH.    NARWAR,SHIVPURI    (MADHYA
                           PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI D.P. SINGH - ADVOCATE )

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

                           2.    COLLECTOR, DIST. SHIVPUR, SHIVPURI (MADHYA
                                 PRADESH)

                           3.    JANPAD PANCHAYAT NARWAR, DIST. SHIVPURI,
                                 THR. ITS CHIEF EXECUTIVE OFFICER (MADHYA
                                 PRADESH)

                           4.    SHRI ATAR SINGH RAJPUT, PANCHAYAT
                                 SECRETARY,    GRAM   PANCHAYAT   KODAR,
                                 JADPAD     PANCHAYAT    NARWAR, (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