Full Judgment
W.P.No.9048/2013 17.06.2013 Shri R.P.Mishra, learned counsel for the petitioner.
Heard on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by order dated 10.04.2013 passed by the Commissioner, Shahdol, Division Shahdol whereby the application filed by the petitioner for readmission of his appeal against his removal from the post of Secretary has been dismissed on the ground that the petitioner had himself withdrawn the appeal by stating that he had been reinstated as Secretary of Gram Panchayat, Kuddi and therefore nothing survives for adjudication.
The Commissioner in the impugned order has considered the aforesaid aspects as well the fact that there is no change in the circumstances warranting readmission of appeal.
I have heard the learned counsel for the petitioner at length.
The petitioner has himself stated in the petition that he was taken back in service as Secretary of Gram Panchayat, Kuddi during the pendency of the appeal before the Commissioner and he withdrew the appeal on this count.
This fact is reasserted before this court also.
In the aforesaid circumstances, I do not find any infirmity or illegality in the impugned order dated 10.04.2013 dismissing the application of the petitioner for re-admission of the appeal against his removal from the post of Secretary.
Accordingly the petition filed by the petitioner is dismissed.
It is however, observed that in case any cause of action arises in future, the petitioner would be at liberty to take up the proceedings in accordance with law.
With the aforesaid observations, the petition filed by the petitioner stands disposed of.
(R.S.Jha) Judge msp