Madhya Pradesh High Court
Anil Kumar vs The State Of Madhya Pradesh on 3 April, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-7091-2018
(ANIL KUMAR Vs STATE OF M.P. AND OTHER)
Gwalior Bench, Dated: 03/04/2018
Shri Shyam Sharma, learned counsel for applicant.
Shri Ajay Bhargava, learned Government Advocate for
respondent/State.
Heard on admission as well as interim relief.
The present petition has been preferred by the petitioner against the order dated 05.03.2018 (Annexure P/1) passed by respondent No. 3/Chief Executive Officer, Jila Panchayat, Vidisha, whereby, respondent No. 4 has been posted on the post of Secretary of Gram Panchayat, Rajpur, Distt. Vidisha purportedly in pursuance of the order dated 31.01.2017 (Annexure P/2) passed in W.P. No.724/2017 (Ajay Singh Vs. The State of M.P. and ors.).
The grievance of petitioner is that initially respondent No. 4 appointed as Panchayat Secretary on 17.03.2008 on the basis of majority of votes. Same was challenged by the petitioner by way of appeal before Sub Divisional Officer, Kurwai, Distt. Vidisha which was allowed and direction was given to convene the meeting to appoint Panchayat Secretary on the basis of merit. The said order dated 26.05.2008 (Annexure P/5) was put to challenge by respondent No. 4 before Collector by way of revision on the ground that the said order of SDO is void ab initio because right of removal of Panchayat Karmi does not lie with the Sub Divisional Officer, Kurwai, Distt. Vidisha and on that basis Collector, Vidisha allowed the revision preferred by the respondent No. 4 and declared the order dated 26.05.2008 as void ab initio. Later on, petitioner preferred revision before Commissioner/Additional Commissioner, Bhopal Division, Bhopal and the same was allowed vide order dated 23.02.2013 (Annexure P/8) by which the order of Collector dated 09.05.2008 was set aside and revision preferred by the petitioner was allowed and order dated 26.05.2008 (Annexure P/5) passed by the SDO has been revived. Against the said order dated 23.02.2013, respondent No. 4 preferred THE HIGH COURT OF MADHYA PRADESH WP-7091-2018 (ANIL KUMAR Vs STATE OF M.P. AND OTHER) second revision before the State Government which got dismissed vide order dated 28.12.2016 (Annexure P/3).
According to learned counsel for the petitioner, respondent No.4 was out of employment since 2016, because the order dated 28.12.2016 categorically directed that the exercise for filing up the vacancy be carried out as per law and till regular appointment is made, work of Panchayat Secretary be given to some other Panchayat Secretary in the vicinity. Thereafter, respondent No. 4 preferred W.P. No. 724/2017 in which order dated 31.01.2017 has been passed by which status quo order was passed by this Court. By the effect of status quo order, respondent No. 3/Chief Executive Officer, Jila Panchayat, Vidisha passed an order in which respondent No. 4 was posted as panchayat Secretary in pursuance of the order dated 31.01.2017 passed in W.P. No. 724/2017. Same is illegal and arbitrary.
Heard.
From perusal of the oder dated 05.03.2018 it appear that respondent No. 4 has been appointed on the basis of status quo order on the post of Panchayat Secretary of Gram Panchayat, Rajpur, Distt. Vidisha. It amounts to giving premium to the order of Collector, District Vidisha over the order dated 28.12.2016 passed by Additional Chief Secretary, Department of Panchayat & Rural Development, Bhopal, as the Chief Executive Officer, Jila Panchayat, District Vidisha, instead of complying with the order dated 28.12.2016 (Annexure P/3) passed by the Additional Chief Secretary, State Government Department of Panchayat & Rural Development, Bhopal is trying to complicate situation wherein beneficiary would be respondent No. 4 only who has otherwise suffered order dated 23.02.2013 passed by the Additional Commissioner/Commissioner, Bhopal Division, Bhopal, and thereafter in the hands of State Government vide order dated 28.12.2016.
For balancing the equity and in the interest of justice, with THE HIGH COURT OF MADHYA PRADESH WP-7091-2018 (ANIL KUMAR Vs STATE OF M.P. AND OTHER) regard to order dated 05.03.2018, respondent No. 3/Chief Executive Officer, Jila Panchayat, Vidisha, is directed to immediately take away the responsibility from respondent No. 4 regarding the work of Panchayat Secretary, Rajpur, District Vidisha and restore the position as per the directions of Additional Chief Secretary, State Government Department of Panchayat & Rural Development, Bhopal as on 28.12.2016 and give additional charge of Panchayat Secretary to the Panchayat Secretary at nearby Gram Panchayat till further orders.
Issue notice to the respondents on payment of process fee through Ordinary as well as Registered A.D. Mode within seven working days. Notice be made returnable within four weeks.
Looking to the chequered history, respondent No. 2 and 3 are directed to file reply in the matter within four weeks.
Office is directed to send copy of this order directly to Additional Chief Secretary, State Government Department of Panchayat & Rural Development, Bhopal for information.
A typed copy of this order be given to State Government Advocate for onwards transmission in his behalf also.
List this case alongwith W.P. No. 724/2017 in the week commencing 14.05.2018.
Certified copy as per rules.
(Anand Pathak) Judge Lj*/-
Digitally signed by LOKENDRA JAINDate: 2018.04.05 15:17:31 +05'30'