KORESH CHANDRA MAHURYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner assails the order of his removal (Annexure 1) dated 12.9.1994 from the post of Secretary of Benagam Panchayat and prays for quashing the charges levelled against him or in the alternative to direct conclusion of the enquiry after following the Rules of natural justice. Prayer is made for quashing the order in Annexure 2.

(2.) THE petitioner was working as the Secretary of Benagam Grama Panchayat under Boriguma Block of Koraput district. It is alleged that due to difference of opinion with the Sarapanch (Opp. party No. 8), he managed to get a resolution passed on 12.9.1994, initiating some vexatious allegations like, not opening the Panchayat Office for two years and the petitioner staying at a distance of 3 Kms. away from the Grama Panchayat and not discharging his duties sincerely. Opp. party No. 6 was requested to take charge of the office of the Secretary of the Grama Panchayat. A copy of the Resolution dated 12.9.1994 has been annexed as Annexure 1. According to the petitioner, the Resolution passed by the members of the Grama Panchayat is illegal, arbitrary and not in consonance with law and contrary to Rule 216(a) of the Orissa Grama Panchayat Act and Rules. It is further alleged that the order of removal is passed on 12.9.1994 without any definite charge having been communicated to the petitioner asking him to show cause nor he was given any opportunity to submit his explanation.

(3.) OPP . parties 2 to 7 have filed a joint counter affidavit refuting the allegations and denying the claim of the petitioner. According to these opp. parties, the petitioner had moved this Court earlier in O.J.C. No. 8800 of 1994, which was disposed of on 31.1.1995 to move the concerned appellate authority for interim protection. It is asserted that the members of the Grama Panchayat had brought several allegations against the petitioner in the Grama Panchayat meeting held on 12.9.1994 and hence, the Grama Panchayat proposed to remove the petitioner from service on the ground of misappropriation of Grama fund, non opening of Grama Panchayat Office for a period of two years, non participation in literacy programme, disobedience of the orders and refusal to carry out the functions and duties entrusted to him.