Madhya Pradesh High Court
Arun Kumar @ Chandra Pal Singh vs Shri Chandra Pal Singh on 14 March, 2018
1 W.P.No.6681/2017
Arun Kumar alias Chandrapal Singh
Vs.
Shri Chandrapal Singh & Ors.
14.03.2018
Shri U.K. Bohre, learned counsel for the petitioner.
Heard.
The present petition under Article 226/227 of Constitution of
India has been preferred by the petitioner seeking quashment of
the order dated 31-08-2017 (Annexure P/1) passed by the
Collector, District Ashoknagar whereby the revision preferred by
the petitioner has been dismissed.
Learned counsel for the petitioner submits that on 03-02-
2007 by adopting due process of selection, Gram Panchayat
Babupur Janpad Panchayat, Ashoknagar appointed the petitioner
on the post of Panchayatkarmi. Thereafter, on 12-02-2007,
Collector, District Ahoknagar issued the direction with regard to
posting the petitioner as Panchayatkarmi at Gram Panchayat
Babupur District Ashoknagar. Thereafter, still the matter is being
persuaded by the petitioner for the purpose of obtaining
appointment and now the Collector District Ashoknagar vide its
order dated 31-08-2017 directed for initiating fresh process for
the purpose of appointment to the vacant post of Panchayatkarmi
of Gram Panchayat Babupur district Ashoknagar. Thus, prayed
for allowing of this writ petition.
On the other hand, learned counsel for the
respondents/State opposed the prayer made by the petitioner
and prayed for dismissal of petition.
Heard learned counsel for the parties and perused the documents appended to the petition.
Petitioner in the present petition under Article 226 of Constitution of India challenged the order dated 31-08-2017 passed by the Collector District Ashoknagar in revision preferred by the petitioner under rule 5 of M.P. Panchayat (Appeal and 2 W.P.No.6681/2017 Revision) Rules, 1995. The said revision was preferred by the petitioner against the order dated 23-01-2010 passed by the Chief Executive Officer, Janpad Panchayat, Ashoknagar. In fact the revision preferred by the revisionist present petitioner has been allowed and the matter was remanded back to the authority to start the process of appointment of Panchayatkarmi of Gram Panchayat, Babupur in accordance with law. Once the revision has been allowed and matter is remanded back to the authority for fresh adjudication, no case for interference is made. Petitioner would have ample opportunity to be considered in accordance with law, if he is entitled for the same. No case for interference is made out. Collector District Ashoknagar has rightly passed the order in which the matter was remanded back for fresh adjudication of the controversy.
Petition stands dismissed.
(Anand Pathak)
Anil* Judge
Digitally signed by ANIL KUMAR
CHAURASIYA
Date: 2018.03.21 13:38:13 +05'30'