Madhya Pradesh High Court
Asok Kumar Khare vs The State Of Madhya Pradesh on 5 September, 2012
Ashok kumar Vs. State 1
W.P. No.12725/2012
5/9/2012:
Shri M. B. Shrivastava, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Govt. Adv. for the
respondents.
Challenging the order dated 12.7.2012 posting respondent No.3 Pratipal Singh as Secretary of Gram Panchayat Fatehpur, Tahsil Shahnagar, District Panna, petitioner has filed this writ petition.
It is a case of the petitioner that he was appointed as Panchayat Karmi, powers of Secretary was conferred upon him and he was posted in Gram Panchayat Pipariyakala, Tahsil Shahnagar, District Panna. While so working after the death of one Shri Sandeep Kumar Verma, Secretary of Gram Panchayat Fatehpur, vide Annexure P/1 and P/2 charge of Secretary was granted to the petitioner. After the petitioner was granted the charge of Gram Panchayat, Fatehpur, one Shri Preetam Singh was given the charge of Gram Panchayat, Pipariyakala, as a result petitioner continued to work at Gram Panchayat, Fatehpur. Now by the impugned order when petitioner is working as Secretary of Gram Panchayat, Fatehpur, respondent No.3 has also been posted. As a result petitioner represented. The Sarpanch of the Gram Panchayat vide Annexure A/1 dated 17.7.2012 filed along with I.A. No.1164/2012 informed the Chief Executive Officer that petitioner is already working as Secretary to Gram Panchayat, Fatehpur, there is no order of Ashok kumar Vs. State 2 posting of the petitioner and therefore, permission for joining of respondent No.3 in place of the petitioner cannot be acceded to. Matter was placed before the Minister of the department concerned at the instance of the petitioner and by making endorsement in the representation of the petitioner, the Minister directed the Chief Executive Officer to stay the transfer and look into the matter. Now contending that nothing has been done and the matter is still pending, petitioner has filed this writ petition.
Shri Rajesh Tiwari, learned counsel appearing for the State Government on advance notice submits that petitioner is substantively appointed as Panchayat Secretary in Gram Panchayat Pipariyakala, charge of Fatehpur was temporarily granted to him. It is stated by Shri Rajesh Tiwari that petitioner should not have any grievance.
Shri Rajesh Tiwari may be right in contending that petitioner is being sent to his parent panchayat but if in Gram Panchayat Pipariyakala a person is already working as contended by petitioner's counsel, it is not possible for the petitioner to work at Pipariyakala and keeping in view the observations made by the Sarpanch in Annexure A/1 and the endorsement made by the Minister Annexure A/2, there seems to be some administrative error in the matter.
Accordingly, it is directed that on the petitioner's filing detailed representation along with relevant documents in the matter before the Collector concerned, the Collector shall look Ashok kumar Vs. State 3 into the matter and resolve the administrative error, if any, after hearing all concern.
Till the aforesaid exercise is not completed, petitioner shall not be relieved and permitted to work at Gram Panchayat, Fatehpur.
With the aforesaid, this petition stands disposed of.
c.c. as per rules.
(Rajendra Menon) Judge Mrs.m i shra