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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 :
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.
2. The concise yet comprehensive factual record of the case, pertaining to the matter at hand, is presented succinctly as follows:
(ii) Prior to the present assignment, the petitioner was discharging his duties under the control of Gram Panchayats namely Podadiha Gram Panchayat under the Begunia Block from December 2015 to 30.06.2017. It is also pertinent to mention here that since 04.07.2017 the petitioner has Joined in the present place of posting and working as Panchayat Executive Officer, under Kantabada and Malipada Gram Panchayat under Bhubaneswar Block, Dist-Khurda and is discharging his duties very sincerely and honestly with the utmost satisfaction of the Gram Panchayat.
(
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.
The court established that the Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules, 1999 continue to govern disciplinary actions, including suspension, even after the enactment of the 2011....
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