Badri Prasad Yadav vs State of Madhya Pradesh and others

Alok Aradhe, J.—Mr. V.D.S. Chouhan, learned counsel for the petitioner. Mr. Girish Kekre, learned Government Advocate for the respondents.

With consent of the parties, the matter is heard finally.

In this writ petition, the petitioner who was appointed as Panchayat Secretary of the Gram Panchayat in the year 1999, has challenged the validity of the order dated 29.1.2013 passed by the Chief Executive Officer, Zila Panchayat, Sidhi, as well as the order passed by the Additional Commissioner dated 13.8.2015 by which the appeal preferred by the petitioner, has been dismissed.

When the matter was taken up today, learned counsel for the petitioner submitted that the procedure prescribed in the circular issued by the Panchayat and Rural Development Department dated 2.11.2006 has not been followed while passing the impugned order. The aforesaid aspect of the matter could not be disputed by the learned Government Advocate.

In view of the aforesaid submission and in view of the law laid down by the Full Bench of this Court in the case of Chandrapal Yadav v. State of M.P. and others, (W.A. No.651/13), the impugned order dated 13.8.2015 is hereby quashed. Needless to state that the respondents would be at liberty to take action against the petitioner in accordance with the procedure prescribed in the circular dated 2.11.2006.

With the aforesaid direction, the writ petition is disposed of.

C.C. as per rules.