Case Note & Summary
The petitioner, Ashok Govindrao Sardar, was appointed as a Water Supply employee of Gram Panchayat Pimpalkhuta on 31 January 1986. On 12 December 2012, the Sarpanch issued a notice to him alleging indecent behaviour with a lady computer apprentice. He submitted an explanation on 14 December 2012 denying the allegation. Subsequently, on 4 March 2013, he was informed that an offence under Sections 294, 506, and 509 of the Indian Penal Code had been registered against him, and he was asked to show cause. He replied on 9 March 2013 denying the allegations. On 25 March 2013, the Gram Panchayat passed Resolution No. 9 dismissing him from service, and an order of termination was issued on the same day, citing that his explanation was unsatisfactory and that he was involved in political activities. The petitioner filed an appeal under Section 61(1) of the Maharashtra Village Panchayats Act, 1958 before the Chief Executive Officer, Zilla Parishad, Amravati, who dismissed the appeal on 21 January 2015, upholding the termination. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the appellate order. The High Court examined the facts and found that the Gram Panchayat had followed the proper procedure by issuing show cause notices and considering the petitioner's explanations. The court held that the Gram Panchayat had the power to dismiss the petitioner under the Act and that the appellate authority had correctly upheld the dismissal. The court noted that the petitioner was given adequate opportunity to defend himself and that the decision was based on the material on record. The writ petition was dismissed, and the order of dismissal was upheld.
Headnote
A) Service Law - Dismissal - Gram Panchayat Employee - Section 61(1) Maharashtra Village Panchayats Act, 1958 - The petitioner, a Water Supply employee, was dismissed by the Gram Panchayat after a show cause notice regarding indecent behaviour with a lady computer apprentice and registration of criminal offences under Sections 294, 506, 509 IPC. The appellate authority upheld the dismissal. The High Court held that the Gram Panchayat had the power to dismiss and the procedure was followed, including giving opportunity of hearing. The petition was dismissed. (Paras 1-14)
B) Natural Justice - Show Cause Notice - Adequacy - The petitioner was given show cause notices and submitted explanations. The Gram Panchayat considered the explanations and passed resolution dismissing him. The High Court found no violation of natural justice as the petitioner was heard. (Paras 2-8)
C) Criminal Proceedings - Relevance in Disciplinary Proceedings - The registration of criminal case under Sections 294, 506, 509 IPC was one of the grounds for dismissal. The court noted that disciplinary proceedings can proceed independently of criminal proceedings. (Paras 2, 13)
Issue of Consideration
Whether the order of dismissal passed by the Gram Panchayat against the petitioner was valid and whether the appellate authority's order upholding the dismissal was proper.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Chief Executive Officer, Zilla Parishad, Amravati, dated 21-01-2015, which had upheld the dismissal of the petitioner from service by the Gram Panchayat.
Law Points
- Natural justice
- Show cause notice
- Dismissal by Gram Panchayat
- Power of appellate authority
- Section 61(1) Maharashtra Village Panchayats Act
- 1958
Case Details
2016 LawText (BOM) (01) 131
WRIT PETITION NO.2395 OF 2015
Shri Y. P. Kaslikar for petitioner; Shri J. B. Kasat for respondent Nos.1 and 2; Shri N. A. Gawande for respondent No.3
The Chief Executive Officer, Zilha Parishad, Amravati; The Block Development Officer, Panchayat Samiti, Amravati; The Sarpanch, Grampanchayat, Pimpalkhuta
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Chief Executive Officer, Zilla Parishad, Amravati, which upheld the dismissal of the petitioner from service by the Gram Panchayat.
Remedy Sought
The petitioner sought quashing of the order dated 21-01-2015 passed by the Chief Executive Officer, Zilla Parishad, Amravati, and reinstatement with continuity of service and back wages.
Filing Reason
The petitioner was dismissed from service by the Gram Panchayat on 25-03-2013 after being accused of indecent behaviour with a lady computer apprentice and registration of criminal offences under Sections 294, 506, 509 IPC. His appeal against the dismissal was rejected by the Chief Executive Officer on 21-01-2015.
Previous Decisions
The Gram Panchayat passed Resolution No. 9 on 25-03-2013 dismissing the petitioner. The Chief Executive Officer, Zilla Parishad, Amravati, dismissed the appeal on 21-01-2015, upholding the termination.
Issues
Whether the order of dismissal passed by the Gram Panchayat was valid and in accordance with law?
Whether the appellate authority's order upholding the dismissal was proper and based on material on record?
Submissions/Arguments
The petitioner argued that the dismissal order was passed without proper inquiry and in violation of principles of natural justice. He contended that the Gram Panchayat did not have the power to dismiss him and that the appellate authority failed to consider his submissions.
The respondents argued that the Gram Panchayat had the power to dismiss under Section 61(1) of the Maharashtra Village Panchayats Act, 1958, and that the petitioner was given show cause notices and an opportunity to explain. The dismissal was based on the unsatisfactory explanation and registration of criminal offences.
Ratio Decidendi
The Gram Panchayat has the power to dismiss its employees under Section 61(1) of the Maharashtra Village Panchayats Act, 1958. The procedure of issuing show cause notice and considering the employee's explanation satisfies the principles of natural justice. The appellate authority's order upholding the dismissal was based on the material on record and does not warrant interference under Articles 226 and 227 of the Constitution.
Judgment Excerpts
By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner who is an employee of Gram Panchayat Pimpalkhuta, Panchayat Samiti, Amravati takes exception to the order dated 21-1-2015 passed by the Chief Executive Officer, Zilla Parishad, Amravati whereby the appeal filed by Gram Panchayat, Pimpalkhuta under Section 61(1) of the Maharashtra Village Panchayats Act, 1958 has been allowed and the order dismissing the petitioner from service has been upheld.
On 25-3-2013, resolution No.9 came to be passed by the Gram Panchayat resolving to dismiss the petitioner from services. On the same day an order of termination came to be passed on the ground that the explanation submitted by the petitioner was not found satisfactory.
Procedural History
The petitioner was appointed on 31-01-1986. On 12-12-2012, a show cause notice was issued. He replied on 14-12-2012. On 04-03-2013, another show cause notice regarding criminal case was issued. He replied on 09-03-2013. On 25-03-2013, the Gram Panchayat passed resolution dismissing him. He filed an appeal under Section 61(1) of the Act before the Chief Executive Officer, who dismissed the appeal on 21-01-2015. The petitioner then filed the present writ petition on 23-04-2015.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: 61(1)
- Indian Penal Code, 1860: 294, 506, 509
- Constitution of India: 226, 227
