The Madhya Pradesh High Court on Tuesday set aside the order of a chief executive officer of a panchayat while observing that “when the impugned order does not speak about the reason, the same is not sustainable in the eyes of the law and the order is vulnerable and deserves to be set-aside.”
A single-judge bench of Justice Sanjay Dwivedi passed this judgment while disposing the petition filed by Chandrakala Uikey through Advocate V.D.S. Chauhan, challenging the order dated 01.10.2020 whereby the Chief Executive Officer, Janpad Panchayat-Ghoradongri, District-Betul, has withdrawn the charge of the post of Secretary of Gram Panchayat Hirapur, from the petitioner and handed it over to Narayan Sisodiya, who is holding the post of Gram Rozgar Sahayak.
Counsel for the petitioner has assailed the impugned order mainly on the ground that the same is illegal and arbitrary and the authority which has passed the order impugned, has no competence to pass such an order.
Manoj Kushwaha, Panel Lawyer for the State, submits that the Government has issued a circular dated 30.01.2021 clarifying that if any complaint or charge of financial irregularity is found against the Secretary, then charge of the said post be given to the Gram Rozgar Sahayak.
The Court, while considering the submission of the parties, was not satisfied with the submissions made by the Counsel for the State for the reason that the order impugned is a non-speaking order and it does not contain the reason as to why the charge of the post of Secretary is being taken back from the petitioner.
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“In such a circumstance, when the impugned order does not speak about the reason, the same is not sustainable in the eyes of law , the order is vulnerable and deserves to be set-aside,” the Court observed.
The Bench has granted liberty to the respondent-authority that if any charge of financial irregularity or any complaint is made against the petitioner, then reasoned order be passed apprising the petitioner as to why the charge is being taken back from him. Moreover, the Court directed that the petitioner be allowed to continue in the post of Secretary, Gram Panchayat Hirapur.