Madhya Pradesh High Court
Smt. Sangeeta Bhadoriya vs The State Of Madhya Pradesh on 23 April, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-9192-2018
(SMT. SANGEETA BHADORIYA Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 23-04-2018
Shri R.B.S. Tomar, learned counsel for the appellant.
Shri Avnish Singh, learned Government Advocate for the
respondents/State.
sh The present petition has been filed by the petitioner against the e order dated 27/03/2018 (Annexure P/1) passed by the Chief Executive ad Officer, District-Bhind, whereby, services of the petitioner has been terminated.
Pr From perusal of the record, it appears that the petitioner has a hy efficacious statutory alternative remedy of appeal under the M.P. Panchayat Service (Discipline and Appeal) Rules, 1999, therefore, ad petitioner ought to have exhausted the remedy of appeal before M directly approaching this Court by filing the instant petition.
In view of above, petition is disposed of with a direction to the of petitioner to approach the appellate authority in accordance with law rt and appeal be preferred alongwith a stay application within three ou weeks from today and if the appeal and stay application is being preferred by the petitioner within three weeks from today, then the C appellate authority shall consider the same as per law and thereafter h affording opportunity of hearing to all concerned parties, appropriate ig order be passed on stay application as well as on appeal. It is further H directed that appellate authority shall take decision over the appeal and stay application independently on merits of the case.
Till the decision of application for stay to be preferred by the petitioner, the effect and operation of the impugned order dated 27/03/2018 (Annexure P/1) passed by the CEO, Zila Panchayat, District-Bhind shall remain stayed. Looking to the protection given to the petitioner, it is expected from the appellate authority that it shall consider and decide the application for stay at the earliest without being influenced by the observations of this Court as well as the interim protection given by this Court.
Petition stands disposed of with the aforesaid directions.
(S. A. DHARMADHIKARI) JUDGE Digitally signed by PRINCEE BARAIYA Date: 2018.04.24 10:26:25 +05'30' Pj'S/-
e sh ad Pr a hy ad M of rt ou C h ig H