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MANINDER S. BHATTI
Manish Yadav – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. allegations against petitioner and procedural compliance. (Para 2 , 3 , 4) |
| 2. petitioner asserts lack of inquiry and rights violation. (Para 5 , 6 , 8 , 9 , 10 , 11) |
| 3. court's reference to statutory provisions and interpretation. (Para 14 , 15 , 19) |
| 4. statutory differences between section 89 and 92 of the act. (Para 17 , 22 , 24 , 26) |
| 5. need for fair inquiry and due process before removal. (Para 30 , 39 , 40) |
ORDER :
Maninder S. Bhatti, J.
This order shall also govern the disposal of W.P. No.1990/2020.
2. For the sake of convenience the facts of W. P. No.2148/2020 are being taken note of.
3. It is stated in the petition that the petitioner was Sarpanch of the Gram Panchayat, Bhajipani, District Chhindwara. The respondent no.8, committed certain irregularities causing hindrance to the work of gram panchayat. Thereafter, the complaint was also made against the respondent no.8 regarding theft of stone. Therefore, while keeping grudge respondent no.8 made false complaint against the present petitioner. The same ensued in issuance of a show cause notice dated 30-10-2019 (Annexure-P/5) to the petitioner. The said notice was duly replied by the petitioner vide his reply dated
The main legal point established in the judgment is that the decision-making process adopted by the respondents must comply with the principles of natural justice and the statutory mandate of Section....
The principles of natural justice require fair hearing but non-compliance does not invalidate proceedings if no prejudice is shown; admission of misconduct legitimizes recovery actions.
Procedural fairness is essential in disciplinary actions; failure to follow prescribed inquiry procedures renders termination invalid.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
Violation of natural justice principles due to failure to provide key evidence and opportunity to contest allegations under the Panchayat Raj Adhiniyam.
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
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