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VIVEK AGARWAL
Sarwanlal Yaduwanshi – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Petitioner’s contention is that petitioner is aggrieved of the order of suspension dated 16-2-2024 passed by the Chief Executive Officer, Zila Panchayat, Chhindwara placing the petitioner under suspension invoking the provisions contained in the Madhya Pradesh Panchayat Service (Discipline and Appeal) Rules 1999.
2. It is submitted that new set of rules have been framed as contained in Annexure P-7 namely Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011. It is submitted that these rules do not provide for any suspension and, therefore, the action of the authority in passing an order of suspension is per se illegal and liable to be set aside.
3. Shri Piyush Bhatnagar, learned Panel Lawyer placing reliance on the decision of this Court in Lakhpati Yadav vs. State of M.P. and others, W. P. No. 16960/2021 decided on 9-11-2021 wherein this Court has held as under :—
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....
The central legal point established in the judgment is the interpretation and applicability of the rules governing the suspension of municipal service employees.
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 court ruled that the suspension of an elected Sarpanch was unjustified as the conditions for suspension were not met, emphasizing the distinction between elected representatives and public servan....
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....
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