The main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admission of guilt can negate the need for further detailed inquiry.

ORDER : – Heard on admission.

Petitioner has preferred the instant petition under Article 226 of the Constitution of India seeking following reliefs : –

(a) Pleased to quash impugned order dated 24-9-2020 (Annexure P-3) passed by Respondent No. 4, impugned order dated 31-3-2021 (Annexure P-5) and impugned order dated 23-8-2021 (Annexure P-8) in the interest of justice. (b) Pleased to direct respondent authorities to reinstate the petitioner on the post of Gram Rojgar Sahayak, Gram Panchayat Imaliya, Janpad Panchayat Kurwai District Vidisha (M. P.) with backwages. (c) Grant any other relief as this Hon’ble Court deem fit in the present facts and circumstances of the case.

2. It is the submission of counsel for the petitioner that he was appointed as Gram Rojgar Sahayak at Gram Panchayat, Imaliya District Vidisha vide order dated 26-8-2012 (Annexure P-12) and working since then on contract basis from time to time.

3. A complaint was submitted against the petitioner pursuant to which a show cause notice was issued to the petitioner with allegation regarding some illegality/irregularity in construction work done through muster rolls under MANREGA Scheme. It was the allegations that despite withdrawal of amount of Rs. 5,33,760/- no work was done. Petitioner replied to the show cause notice enumerating upon the reasons as to why the construction work remained incomplete and admitted the fact that some incomplete work is still pending but undertook to compete the work as early as possible.

4. Justifications tendered by the petitioner were found to be unsatisfactory therefore, after considering his reply vide impugned order dated 24-9-2020 (Annexure P-3) services of petitioner as Gram Rojgar Sahayak were terminated on the grounds that his conduct was against the rules and against the public interest.

5. Being aggrieved by the impugned order dated 24-9-2020 appeal was preferred before the CEO District Vidisha but met the same fate and vide order dated 31-3-2021 (Annexure P-5) appeal was dismissed. Thereafter, second appeal was preferred before the Commissioner Bhopal but vide impugned order dated 23-8-2021 (Annexure P-8) second appeal was also dismissed. Therefore, this petition is preferred under Article 226/227 of Constitution of India.

6. It is the submission of counsel for the petitioner that services of petitioner have been terminated without adverting to the response submitted by him and without conducting any fact finding inquiry into the allegations levelled against the petitioner which according to him is contravention of Principles of Natural Justice. He relied upon Rahul Tripathi vs. Rajiv Gandhi Siksha Mission, reported in 2001(3) MPHT 397 and the judgment passed by Division Bench in W. A. No. 1166/2017, Malkhan Singh Malviya vs. State of M. P., reported in ILR 2018 M.P. 660.

7. It is further submitted that although sheet anchor of argument of petitioner is violation of Principle of Natural Justice but he also advanced his arguments on the ground that no reasons have been assigned in show cause notice or impugned orders which illustrates non-application of mind. According to him, multiple requests were tendered by the petitioner to the CEO Janpad Panchayat to conduct valuation of ground leveling work and relating to agriculture pond but same were turned down and therefore, valuation of work is not properly done. Removal harps upon an inquiry of Assistant Engineer prepared behind the back of petitioner.

8. Learned counsel for the respondent on advance notice opposed the prayer and prayed for dismissal of petition as according to him, allegations are serious in nature and have the wider, financial and social ramification.

9. Heard the counsel for the parties and perused the documents appended thereto.

10. In the case in hand petitioner who was working as Gram Rojgar Sahayak at Grampanchayat, Imariya District Vidisha, was terminated from his service. Perusal of documents indicate that there were some irregularities reported ag