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Madhya Pradesh High Court

Hukumchand Solanki vs Panchayat And Rural Development ... on 12 September, 2023

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                            ON THE 12 th OF SEPTEMBER, 2023
                                             WRIT PETITION No. 19117 of 2022

                           BETWEEN:-
                           HUKUMCHAND SOLANKI S/O NANURAM SOLANKI,
                           AGED ABOUT 35 YEARS, OCCUPATION: ROJGAR
                           SAHAYAK/ASSISTANT   PANCHAYAT   SECRETARY
                           VILLAGE SINDRANI JANPAD PANCHAYAT KANNOD
                           DISTRICT DEWAS (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI JITENDRA VERMA, ADVOCATE)

                           AND
                           1.    PANCHAYAT AND    RURAL DEVELOPMENT
                                 DEPARTMENT THROUGH PRINCIPAL SECRETARY
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    COM M IS S ION ER UJJAIN        DIVISION   UJJAIN
                                 (MADHYA PRADESH)

                           3.    THE PROGRAMME OFFICER / CHIEF EXECUTIVE
                                 OFFICER JILA PANCHAYAT DEWAS (MADHYA
                                 PRADESH)

                           4.    THE  CHIEF   EXECUTIVE  OFFICER JANPAD
                                 PANCHAYAT, KANNOD (MADHYA PRADESH)

                           5.    GRAM    PANCHAYAT   SINDRANI  THROUGH
                                 SARPANCH GRAM      PANCHAYAT SINDRANI
                                 JANPAD PANCHAYAT KANNOD DISTRICT DEWAS
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY MS. ASHI VAIDYA, P.L./G.A.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
                                                             ORDER

Signed by: BAHAR CHAWLA Signing time: 12-09-2023 18:17:51 2 With the consent, heard finally.

The grievance of the petitioner is that before passing the order of termination dated 07.01.2020 no inquiry was conducted. The petitioner was posted as Gram Rojgar Sahayak and has relied upon a decision rendered by the Co-ordinate Bench of this Court in W.P. No.22742 of 2019 dated 28.04.2022 and it is submitted that in the aforesaid case this Court has also relied upon another decision passed by the Co-ordinate Bench of this Court in W.P. No.21881 of 2019 (Vikram Singh Davar Vs. Panchayat and Social Justice Department & Others) decided on 04.04.2022 and thus, it is submitted that the aforesaid judgement would be applied mutatis mutandis to the facts of the present case.

Counsel for the respondents/State, on the other hand, has opposed the prayer and it is submitted that the petitioner was issued notices before conducting the inquiry, however, there is nothing on record to demonstrate that the notices, which have been placed on record by the respondents, were ever served on the petitioner.

In view of the same, this Court is inclined to allow this petition in terms of the order passed by this Court in W.P. No.22742 of 2019.

Accordingly, this petition stands disposed of by directing that the order passed in the case of Vikram Singh Davar (Supra) shall be applied mutatis mutandis with full force to the present petitioner.

The respondents are directed to act in accordance with the direction contained in Vikram Singh Davar (supra).

(SUBODH ABHYANKAR) JUDGE Bahar Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 12-09-2023 18:17:51