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W.P. No.8468/2010
07.07.2010
Heard Shri H. S. Verma, learned counsel for the petitioner,
on the question of admission.
The petitioner has filed this petition being aggrieved by order
dated 22.6.2010 passed by Additional Commissioner, Jabalpur in
the appeal filed by him.
The case of the petitioner is that he was initially appointed as
Panchayat Karmi on 10.11.1995 and thereafter as Panchayat
Secretary under section 69(1) of the Madhya Pradesh Panchayat
Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as
the Adhiniyam, 1993) of Gram Panchayat Lingamal, Janpad
Panchayat Mandla. The petitioner's service was subsequently
terminated on 23.6.2000 by respondent no.2 Collector against
which the petitioner had preferred an appeal and by order dated
26.2.2002 the appellate authority had directed respondent no.2 to
reconsider the case of the petitioner and pass appropriate orders
thereon. In the meanwhile, the Panchayat and the concerned
authorities appointed respondent no.5 as Panchayat Karmi of Gram
Panchayat Lingamal on 23.9.2002.
It is submitted that subsequently, respondent no.2 Collector,
Mandla by order dated 15.7.2008 allowed the appeal filed by the
petitioner and directed his reinstatement which was assailed by
respondent no.5 before the Commissioner in appeal who directed
the authority to re-decide the matter in accordance with the
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directions issued by him in this regard. Pursuant to which order
dated 23.4.2010 was passed by respondent no.2 rejecting the case
of the petitioner with a further direction to the Gram Panchayat to
make appointment on the post of Panchayat Karmi in accordance
with the Rules.
Against the aforesaid order of the Collector, the petitioner
filed an appeal before the Commissioner, Jabalpur which has been
dismissed by order dated 22.6.2010, being aggrieved by which the
petitioner has filed the present petition.
It is submitted by the learned counsel for the petitioner that
the petitioner had rendered satisfactory services as Secretary and
there was no complaint against him for more than 7 years and in
such circumstances the order of the appellate authority deserves to
be set aside and the petition, filed by the petitioner, deserves to the
allowed.
From a perusal of the order passed by the Commissioner it
is apparent that the appeal, filed by the petitioner, has been
dismissed on account of the fact that the petitioner had been
removed from the post of Panchayat Karmi by the Gram Panchayat
by its resolution dated 26.4.2002 and in such circumstances as the
petitioner had been removed from the post of Panchayat Karmi he
cannot be notified as Secretary of the Janpad Panchayat under
section 69(1) of the Adhiniyam 1993 and in view of para 2.4 and
para.7 of the Panchayat Karmi Yojana notified by the State
Government in the year 1995.
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The learned counsel for the petitioner has admitted the fact
that the petitioner was removed from the post of Panchayat Karmi
by resolution dated 26.4.2002 which has not been assailed by the
petitioner.
In view of the aforesaid admitted facts no infirmity or illegality
can be found with the conclusion recorded by the appellate
authority while dismissing the appeal. As the impugned order does
not suffer from any manifest illegality or irregularity, the same does
not warrant interference by this Court.
The petition filed by the petitioner, being meritless, is
accordingly dismissed.
( R. S. JHA )
JUDGE
mms/-