Court No. - 3 Case :- SERVICE SINGLE No. - 274 of 2010 Petitioner :- Raghvendra Pratap Singh S/O Yogendra Pratap Singh Respondent :- State Of U.P. Thru Secretary Panchayat & Ors. Petitioner Counsel :- D.P. Singh Respondent Counsel :- C.S.C.,R.N. Gupta Hon'ble Shri Narayan Shukla,J.
Heard Mr. D.P. Singh, learned counsel for the petitioner as well as learned
Standing Counsel.
By means of the present writ petition, the petitioner has challenged the order
dated 18.12.2009 passed by the Chairman of Gram Panchayat Committee, i.e.
opposite party No.5, whereby the petitioner’s services have been terminated.
The learned counsel for the petitioner submits that the petitioner’s services are
governed under the order dated 03.07.2006, under clause 6, which provides
that if the conduct of Panchayat mitra is not found satisfactory, he shall be
given show cause notice and thereafter by resolution, 2/3 majority of total
members of panchayat, his services can be terminated by giving one month
pay prior to notice of salary in lieu thereof, whereas the order impugned does
not indicate that any such exercise is done by the Panchayat.
Upon perusal of the order impugned, I find force in the submission of learned
counsel for the petitioner, therefore, I hereby quash the order impugned dated
18.12.2009. However, the opposite parties are at liberty to proceed with the
case afresh against the petitioner in accordance with the order dated
03.07.2006.
With the aforesaid direction/ observation, the writ petition is disposed of
finally.
Order Date :- 22.1.2010
PR/-