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High Court Stays Suspension Order of Gram Panchayat Secretary, Cites Prima Facie Case

Shivam Yadav ,Varanasi

The High Court of Madhya Pradesh stayed the suspension order of Jalam Singh Tomar, Gram Panchayat Secretary, noting a prima facie case. Learn about the court's interim directions and legal arguments.

High Court Stays Suspension Order of Gram Panchayat Secretary, Cites Prima Facie Case

The High Court of Madhya Pradesh at Indore recently intervened in a case involving the suspension of a Gram Panchayat secretary, Jalam Singh Tomar. The court, presided over by Justice Vijay Kumar Shukla, stayed the suspension order dated July 11, 2025, issued by the Chief Executive Officer of Jila Panchayat, Ujjain. The order had placed Tomar under suspension and fixed his headquarters at Janpad Panchayat, Mahidpur.

Read in Hindi

Background of the Case

Jalam Singh Tomar, serving as the secretary of Gram Panchayat, Barkhedi Bazar, challenged his suspension in the High Court. Earlier, he had been transferred from Barkhedi Bazar to Gram Panchayat Badarkhaberasia, Ujjain, on June 17, 2025. Tomar contested this transfer in Writ Petition No. 21857/2025, arguing that he was subjected to frequent transfers. The court disposed of the petition with a direction for Tomar to submit a representation to the Chief Executive Officer within seven days. The officer was instructed to decide the representation within four weeks after granting Tomar a hearing.

Interim Protection and Subsequent Suspension

As an interim measure, the court had directed that Tomar be allowed to continue working at his current posting until his representation was decided, provided no replacement had been posted. However, instead of addressing the representation, the Chief Executive Officer passed the suspension order citing lapses that occurred before the court's earlier order. Tomar’s counsel argued that the suspension was an attempt to bypass the court's interim stay.

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Court’s Observations and Interim Order

The High Court noted a prima facie case in favor of Tomar. It issued a notice to the state government and other respondents, returnable within four weeks. The court emphasized that failure to comply with the notice requirements would result in the petition being dismissed automatically.

As an interim measure, the court stayed the operation of the suspension order and allowed Tomar to continue working at his present place of posting.

Read also:- Delhi High Court Rejects Husband’s Plea: ₹50,000 Monthly Maintenance for Wife and Child Upheld

"The order of suspension is passed to circumvent the stay order passed by this Court."
- Justice Vijay Kumar Shukla

Case Title: Jalam Singh Tomar vs. The State of Madhya Pradesh & Others

Case No.: Writ Petition No. 31142 of 2025