Shiv Charan Vs. the State of Madhya Pradesh - Court Judgment

W.A.No.1109/2012 02.11.2012 Shri Pradeep Naveriya, Advocate for the appellant.

Shri Jaideep Singh, Dy.

Government Advocate for respondents No.1 to 4.

Ms.Versha Kothari, Advocate for respondent No.8.

This appeal is directed against an order dated 3rd September, 2012 in W.P.No.5762/2006 by which a writ petition preferred by respondent No.8 Raj Kumar was allowed.

The entire selection process initiated by the Gram Panchayat Devendrapura, Janpad Panchayat, Niwari, District Tikamgarh for appointment on the post of Panchayat Karmi was quashed.

Learned counsel for the appellant submitted:

1.

That nobody had made the prayer for quashment of entire selection process but the learned Single Judge erred in quashing the entire selection process.”

2. It was submitted that appellant may be permitted to withdraw his appeal filed before the Sub Divisional Officer so that he may challenge the order of appointment of respondent No.8 Raj Kumar by filing an appeal before the concerned Sub Divisional Officer.

From the perusal of the order, we find that against a resolution passed by the Gram Panchayat, appellant herein filed an appeal before the Sub Divisional Officer.

The Sub Divisional Officer allowed the appeal, set aside the resolution of the Gram Panchayat and directed appellant herein to be appointed as Panchayat Karmi.

This order of the Sub Divisional Officer was challenged before the Single Bench by respondent No.8.

The learned Single Judge, while considering the case on merits, recorded a finding that against a resolution passed by the Gram Panchayat, no appeal lies.

On the aforesaid ground, the order of Sub Divisional Officer was quashed.

While hearing the matter, learned Single Judge also looked into the record of the Gram Panchayat in respect of selection of the Panchayat Karmi.

While considering the aforesaid, following facts were revealed from the record:- (i) That there was no resolution of the Gram Panchayat in respect of the qualification of the Panchayat Karmi.

(ii) That no advertisement was issued for appointment of the Panchayat Karmi.

(iii) That no public notice was issued for appointment on the post of Panchayat Karmi.

On the aforesaid grounds, the learned Single Judge recorded the findings that the entire selection process was illegal and quashed the selection process with a further direction to the Gram Panchayat to initiate the fresh selection process for appointment on the post of Panchayat Karmi.

This order is under challenge in this appeal.

Though the learned counsel for the appellant submitted that the learned Single Judge erred in quashing the entire process of selection, but considering the findings recorded by the learned Single Judge, in which glaring illegalities were found, in respect of appointment of the Panchayat Karmi, if the learned Single Judge has quashed the entire selection process by issuing further direction to the Gram Panchayat to issue the fresh selection process for appointment of Panchayat Karmi, we find no error in the order.

A Panchayat Karmi is an employee of the Gram Panchayat and for an appointment in any such institution specific procedure is provided.

Until and unless such a procedure is followed, the process of appointment cannot be said to be legal.

In view of the aforesaid, if learned Single Judge held that the entire selection process was illegal, no fault is found with the order.

So far as the order of learned Single Judge that against a resolution of the Gram Panchayat, no appeal lies, the aforesaid question has already been decided by a Division Bench of this Court in Sagar Machhua Sahakari Samiti, Seoni versus Chief Executive Officer, Janpad Panchayat, Seoni and another, 2008(1) M.P.H.T.254 (DB).In view of aforesaid settled law by the Division Bench of this Court, this part of the order also suffers from no error.

In view of aforesaid, this appeal is found without any substance and is dismissed with no order as to costs.

(Krishn Kumar Lahoti) (T.K.Kaushal) Judge Judge psm