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2024 Supreme(MP) 540

SUBODH ABHYANKAR
Sanjay Nihale – Appellant
Versus
Directorate Of Panchayat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Rishiraj Trivedi, Adv.
For the Respondent: Ms. Bhagyashree Gupta- G.A. for the State.

ORDER :

Heard.

2. This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:-

    “1. That this Hon'ble Court may be pleased to pass an appropriate Writ, order or direction and quash the suspension order dated 05/04/2018 (Annexure P/4) issued by respondent no. 3 and Termination order dated 01/05/2018 (Annexure P/ 5) issued by respondent no. 2, to meet the ends of justice.

    2. Any other relief which the Hon'ble Court deems fit in the facts and circumstances of the case.”

3. The petitioner is aggrieved by the order dated 01.05.2018, passed by the respondent No.2, Collector, Barwani, District Barwani whereby, the services of the petitioner, who was posted as Panchayat Secretary has been terminated on the ground of misconduct, as it was alleged that the petitioner obtained various amounts from persons under the P.M. Avas Yojana.

4. Counsel for the petitioner, at the outset, has submitted that this Court while passing the interim order in favour of the petitioner on 25.07.2018, has already observed that the impugned order dated 01.05.2018 has been passed by the Collector without any jurisdiction, as according to Sub-Rule 4 and 5 o

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