Madhya Pradesh High Court
Manoj Kumar Tiwari [Tripathi] vs The Collector on 11 April, 2012
Writ Petition No. 5217 Of 2012 11.4.2012
Shri Adarsh Muni Trivedi, learned senior counsel with Shri S.M. Patel, learned counsel for the petitioner.
Heard.
Petitioner, Panchyat Secretary from Panchayat Magraura, Janpad Panchayat Maihar seeks quashment of order dated 3.3.2012; whereby, for the reasons therein that he has derelicted in his duties, petitioner's services have been attached with Janpad Panchayat, Maihar.
The order is being questioned on the ground of competency of the Chief Executive Officer, Janpad Panchayat, Maihar. It is urged that the attachment being not a punishment or a suspension under the Madhya Pradesh Panchayat Service (Discipline & Appeal) Rules, 1999, it is beyond the powers of the Chief Executive Officer to attach the services of the petitioner to his office. The petitioner, however, fails to appreciate the powers conferred upon the Chief Executive Officer vide the Madhya Pradesh Panchayat (Power and Functions of Chief Executive Officer) Rules, 1995. These Rules are framed by the State Government in exercise of the powers conferred by SubSection (1) of Section 95 read with Section 72 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Rule 3 (a),
(b) and Rule 4 (v), (vi) respectively stipulates :
"3. Save as otherwise expressly provided by or under the Act, the executive power for the purposes of carrying out the provisions of the Act shall vest in the Chief Executive Officer, who
(a) shall exercise all the powers specifically conferred upon him by or under the Act, or under any other law for the time being in force;
(b) shall lay down the duties and supervise and control the officers and servant of the Panchayat subject to the general superintendent of the President and in accordance with rules made by the State Government."
4. Subject to the provisions of the Act and the rules made thereunder the Chief Executive Officer of Panchyat,
(v) shall supervise and control the execution of all activities of the Panchayat;
(vi) shall take necessary measures for the speedy execution of all works and development scheme of Panchayat."
Besides above Rule 6 of the Madhya Pradesh Gram Panchyat (Powers and Functions of the Secretary) Rules, 1999 provides for:
"6. Secretary of the Gram Panchayat shall be administratively responsible to the Chief Executive Officer of Janpad Panchayat. Non compliance of the valid directions given by Chief Executive Officer shall amount to misconduct in discharge of his duties."
Combined reading of Section 72 and the relevant rules of the Rules of 1995 and 1999 would reveal that the Chief Executive Officer have and administration and supervisory control over the Secretary. It is, therefore, within its power to use the services of the officer and employees of Gram Panchayat in the interest of Gram Panchayat. No interference is, therefore, caused on the ground of jurisdiction.
In respect of factual contradiction, the petitioner has already represented the matter to the Chief Executive Officer; therefore, instead of dwelling into the facts in this writ petition, the petitioner is set at liberty to pursue his representation with the Chief Executive Officer, who would pass a reasoned and cogent order thereon within three months from the date of communication of this order.
The petition is disposed of finally in above terms. No costs.
(SANJAY YADAV) JUDGE VT/