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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Narayan Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to authority of suspension order (Para 1 , 2) |
| 2. collector lacks authority over gram panchayat employees (Para 3 , 4 , 5) |
| 3. writ petition allowed to quash suspension (Para 6 , 7 , 8) |
JUDGMENT :
Dr. S.K. Panigrahi, J.
1. The Petitioner, in this Writ Petition, has challenged the order of suspension dated 21.12.2019 issued by the Collector, Khurda, which is not only without authority but also in contrary to the service condition of the petitioner and in gross violation to the principles of natural justice.
I. FACTUAL MATRIX OF THE CASE
2. The concise yet comprehensive factual record of the case, pertaining to the matter at hand, is presented succinctly as follows:
(i) The petitioner was appointed as Panchayat Secretary and subsequently in the year 2004 appointed as VLW (Village level Workers) and working as such and in view of the amendment of the ORISSA GRAM PANCHAYAT ACT , 1964 and in view of the Sec. 122 of the ORISSA GRAM PANCHAYAT ACT , 1964 he is working as Panchayat Executive Officer, under Kantabada and Malipada Gram Panchayat under Bhubaneswar Block, Dist-Khurda and is working under the control and supervision of the Gram Panchayat in view of the Arti
The Collector lacks authority to suspend a Panchayat Executive Officer, highlighting the independence of Gram Panchayats and mandating adherence to principles of natural justice in disciplinary actio....
Suspension orders must adhere to procedural requirements and be reviewed within 90 days; authority for disciplinary actions against Panchayat Executive Officers rests with local Gram Panchayats, not ....
The appointing authority can serve as the disciplinary authority under the amended Grama Panchayat Act, as per the provisions of the Act and OCS Rules.
The President of a Grama Panchayat possesses the authority to suspend non-gazetted employees for disciplinary proceedings, and government intervention in such matters is limited by statutory provisio....
The Collector acted without jurisdiction in terminating the Panchayat Secretary's services, as the authority lies with the CEO, Zila Panchayat under the Madhya Pradesh Panchayat Service Rules.
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