Complete enquiry against panchayat secy early: HC
| Date :07-Nov-2019 |
Legal Correspondent :
After hearing the matter challenging suspension from the post of Secretary of the Gram Panchayat, the single bench of the Madhya Pradesh High Court comprising Justice Subodh Abhyankar has issued directions to the disciplinary authority to complete the departmental enquiry at the earliest preferably within a period of four months after giving due opportunity of hearing to the petitioner. The respondents are also directed to furnish all the relevant documents to the petitioner within two weeks.
This petition has filed by Surendra Kumar Karpenter against the order dated June 20, 2019 passed by the respondent Commissioner, Rewa Division, in an appeal preferred against the order dated on March 3, 2014 passed by the respondent Chief Executive Officer of Zila Panchayat, Sidhi, whereby the petitioner’s services as a Secretary of the Gram Panchayat have been suspended. Counsel for the petitioner has submitted that the order of suspension was passed on March 3, 2014, thereafter, the petitioner has never been provided the copy of the chargesheet and when the appeal against the aforesaid order was preferred before the Commissioner, the same has also been dismissed giving a direction to the disciplinary authority to complete the departmental enquiry at the earliest.
The counsel has submitted that the petitioner had also asked for the copy of the charge sheet but till date even the copy of the same has not been furnished to the petitioner by the respondents. Thus, it is submitted that in view of the fact that the order of suspension has continued since 2014 and the departmental enquiry has not yet been completed, the order of suspension is liable to be quashed. Counsel for the respondents/State has opposed the prayer. Having considered the rival submissions of the parties and on perusal of the petition, this Court finds that the show cause notice was issued to the petitioner on February 19, 2014 and thereafter on March 3, 2014 his services have been suspended and admittedly the departmental enquiry initiated against the petitioner has not been completed.
In view of the same, at this juncture, in the absence of any material document on record, this Court is not inclined to interfere with the order, however this petition is disposed of with a direction to the disciplinary authority to complete the departmental enquiry at the earliest preferably within a period of four months after giving due opportunity of hearing to the petitioner. The respondents are also directed to furnish all the relevant documents to the petitioner within two weeks. Accordingly, the writ petition stands disposed off, the single bench said.