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Judgment
Petitioner has filed this petition under Article 226 of Constitution of India challenging impugned order dated 13/02/2026 filed as Annexure P-1. By said order representation of petitioner was considered by Chief Executive Officer, Zila Pandhayat and same was dismissed.
Counsel appearing for petitioner was specifically asked whether petitioner is having alternate remedy to prefer appeal or not. Counsel for petitioner submitted that petitioner has filed Writ Petition No.36753/2025 before Court challenging suspension order. Said Writ Petition was disposed off vide order dated 09/12/2025 directing respondents to consider representation. Representation was considered and dismissed, therefore, petitioner do not have any remedy of appeal.
Heard counsel for the parties.
Suspension order was passed by Chief Executive Officer, Zila Panchayat and thereafter representation against suspension was also considered by Chief Executive Officer, Zila Panchayat and was dismissed vide order dated 13.02.2026. Petitioner is Panchayat Secretary. Conditions of service of Panchayat Secretary is governed by Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011. As per Rule 7(4) of Rules, 2011, Chief Executive Officer Zila Panchayat is competent authority to take disciplinary action. Appeal is provided under Rule 8 against orders in case of absorption, appointment and dismissal of Gram Panchayat Secretary. Rules of 2011 do not contain any specific provision for suspension. Since, there is no specific provision for suspension in Rules, 2011, therefore, later a clarification was issued by State Government on 20.01.2010, by which Chief Executive Officer Zila Panchayat can suspend Secretary. However, no clarification was issued regarding appeal and revision.
Rule 8 of Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 is quoted as under :-
8.Appeal - The aggrieved party in a case relating to absorption, appointment and dismissal of Gram Panchayat Secretary may get relief by way of filing appeal or revision to the prescribed authority under Section 91 of the Act.
Rule 8 of the Rules, 2011 gives right to appeal or revision to Gram Panchayat Secretary in accordance with Section 91 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Section 91 of of the Adhiniyam, 1993 is reproduced as under :
91. Appeal and revision.
- An appeal or revision against the orders or proceedings of a Panchayat and other authorities under this Act, shall lie to such authority and in such manner as may be prescribed.
Exercising power under Section 95 read with Section 91 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993, State Government has framed the Madhya Pradesh Panchayats (Appeal and Revision) Rules, 1995. Rule 5 of the Rules, 1995 is quoted as under :
5. Revision.
(1)(a) The State Government, the Commissioner, the Director of Panchayat, the Collector may on its/his own motion or on the application by any party, at any time for the purpose of satisfying itself/himself as to the legality or propriety of any order passed by or as to the regularity of the proceeding of, the authority subordinate to it/him call for and examine the record of any case pending before, or disposed of by, such authority and may pass such order in reference thereto as it/he may think fit:
Provided that it/he shall not vary or reverse any order unless notice has been served on the parties interested and opportunity given to them for being heard :Provided further that no application for revision shall be entertained against an order appealable under the Act.
(b)An application for revision by any party shall only be entertained if it is on the point of law and not on facts.
(2)Notwithstanding anything contained in sub-rule (1),-
(i)Where proceedings in respect of any case have been commenced by the State Government under sub-rule (1), no action shall be taken by other Officer mentioned in the said sub-rule in respect thereof: and
(ii)Where proceedings in respect of any such case have been commenced by the Officer mentioned in sub-rule (1), the State Government may either refrain from taking any action under this rule in respect of such case until the final disposal of such proceeding by such officer or may withdraw such proceeding and pass such order as it may deem fit.
The M.P. Panchayat Service (Discipline and Appeal) Rules, 1999 provide for an appeal against an order of suspension. However, the said Rules cannot be relied upon for filing an appeal or revision against a suspension order passed under the Rules of 2011, as Rule 8 of the Rules, 2011 specifically lays down that appeal or revision shall be filed in accordance with Section 91 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
As per Rule 5, a revision can be preferred before the competent authority by an aggrieved party, or powers of revision can also be exercised suo motu to test the legality or propriety of any order passed by an authority. As per Rule 5, the State Government, Commissioner, Director of Panchayat, and Collector can exercise powers of revision. Since the Chief Executive Officer (CEO) of the Zila Panchayat is a subordinate authority, a revision against an order of suspension passed by the Chief Executive Officer can be filed before the Commissioner in accordance with Section 91 of Act, 1993 read with Rule 5 of Rules, 1995.
In view of same, writ petition filed by petitioner is disposed of with liberty to petitioner to file revision before Commissioner against order of suspension passed by Chief Executive Officer, Zila Panchayat.