Heard learned counsel for the petitioner and the learned Standing Counsel for opposite parties no.1 to 4 and 6.
Issue notices to opposite parties no.5 and 7.
Counter-affidavit may be filed within a period of four weeks. Rejoinder- affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
The submission of the learned counsel for the petitioner is that by resolution dated 10.02.2010 the petitioner who was working as Gram Rojgar Sewak in Gram Panchayat Vihgawan, District Hardoi, has been removed by Gram Panchayat Vihgawan without complying with the procedure prescribed by the Government Order dated 23rd November, 2007 which provides that before taking any decision on removal of Gram Rozgar Sewak, he shall be given a notice asking reply thereof and only thereafter a resolution can be taken by 2/3rd majority of the members of Gram Panchayat. It is also submitted that even dismissal/removal order has not been served upon the petitioner till date. It has also been stated at the Bar that except resolution dated 10.02.2010 (Annexure no.1 ) no other resolution removing the petitioner has been passed by the Gram Panchayat.
In view of above circumstances, since no notice has been given to the petitioner before removing the petitioner and resolution regarding appointment of new incumbent on the post of the petitioner has been made by the impugned resolution, Annexure no.1 to the writ petition, hence it warrants interference by this Court.
The operation of the resolution dated 10.02.2010 (Annexure no.1) shall remain stayed till the next date of listing provided the new incumbent has not joined on the post of the petitioner.
Order Date :- 22.6.2010 ank