ORDER :

1. The petitioner has approached this Court under Article 226 of the Constitution of India seeking following reliefs:-

“i. That, the impugned order dated 13/03/2025 (Annexure P/1) and order dated 04.10.2023 (Annexure P/2) passed by the Respondent No. 2 & 3 may kindly be quashed and set aside.

ii. That, it may held that the charges against the petitioner are not made out.

iii. That, the deducted salary or any other loss has been occurred during the period of suspension should also be compensated to the petitioner.

iv. That, other relief which is just and proper in the facts and circumstances of the case may also be granted.”

2. It is the case of the petitioner that he was appointed on 10/10/1998 as Secretary (Panchayat Sachiv) in Gram Panchayat Aasandha, Tehsil Barod, District Agar, Madhya Pradesh. The petitioner continued to discharge his duties under the Panchayat administration for several years within the territorial jurisdiction of this Court.

3. It is further the case of the petitioner that during his service career, he was earlier placed under suspension on 31/12/2010 on the basis of a complaint, which suspension was revoked by order dated 27/01/2012 after consideration of the facts and evidence on record. Again, on 08/03/2019, he was suspended on another complaint, which was subsequently found to be forged and bogus, and he was reinstated by order dated 07/07/2021, recording that the allegations did not pertain to serious criminality or financial irregularity.

4. It is also the case of the petitioner that on 24/07/2023, an order was passed alleging that he remained absent for about one month due to a dispute in Gram Panchayat Ramnagar, though he had marked his presence on 19/07/2023 at Janpad Panchayat Borad. He was thereafter temporarily entrusted with the charge of Gram Panchayat Aasandha. However, on 04/10/2023, respondent No.3 suspended the petitioner on the basis of allegations emerging from an enquiry, relating to issuance of forged pattas, collection of building tax without deposit in Panchayat accounts, and misuse of official position.

5. It is further the case of the petitioner that the suspension order dated 04/10/2023 was passed without conducting a lawful enquiry and without affording proper opportunity of hearing. Being aggrieved, the petitioner preferred an appeal under the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, which, after dismissal for want of prosecution and restoration, was finally dismissed on merits by order dated 13/03/2025, leading to the filing of the present writ petition.

6. Learned counsel for the petitioner submits that the impugned suspension order is arbitrary, illegal, and without jurisdiction, having been passed in violation of statutory provisions and principles of natural justice. It is contended that no charge-sheet, enquiry report, or supporting documents were supplied to the petitioner and that the alleged enquiry was conducted behind his back despite repeated requests and filing of an RTI application. Moreover, it is submitted that the allegations forming the basis of suspension are false, baseless, and motivated, arising out of malice on the part of the Sarpanch due to the petitioner’s refusal to participate in illegal activities. It is further contended that the impugned order is non-speaking, ignores the petitioner’s past unblemished service record, causes irreparable loss, and is therefore liable to be quashed.

7. Per contra, Learned counsel for the respondents submits that the suspension order was preceded by a detailed enquiry into serious allegations against the petitioner, including issuance of forged pattas, illegal collection of building tax from residents of the Gram Panchayat without depositing the same in official accounts, and misuse of public office. Based on the enquiry report, a show cause notice dated 05.09.2023 was issued to the petitioner, clearly setting out the allegations and calling upon him to submit his written reply with supporting evidence.

8. It is f