LALITA NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been preferred assailing the order passed by the Secretary, Govt. of Chhattisgarh, Panchayat and Rural Development Department, Raipur, dtd. 16/7/2012. By way of said impugned order, the Secretary in exercise of its power under Rule 5 of Chhattisgarh Panchayat (Appeal and Revision Rules), 1995 (for short, the Rules, 1995) has set aside the order passed by the Commissioner, Bilaspur Division dtd. 21/5/2010.

(2.) Brief facts relevant for proper adjudication of the case is that the recruitment process for filling up vacant post of Angan Badi worker in the Angan Badi Centre, Vijapur, Tehsil Baramkela, Distt. Raigarh was initiated. That, four candidates had appeared i.e. apart from the present petitioner Lalita, Phool Kumari, Smt. Indira and Kumudini had already participated in the proceeding. After recruitment process was complete, the respondent No.4-Chief Executive Officer, Janpad Panchayat, Janpad Panchayat, Baramkela (for short, the CEO) issued an order of appointment in favour of present petitioner vide order dtd. 18/1/2007.

(3.) The said order of appointment issued in favour of petitioner was put to challenge in an appeal before the Collector by the respondent No.6 Phool Kumari. The Collector vide order dtd. 2/3/2009 allowed the appeal of respondent No.6 and had set aside the order of appointment issued in favour of petitioner and have ordered for issuance of appointment order in favour of respondent No.6. This order of Collector dtd. 2/3/2009 was subjected to challenge in second appeal before the Commissioner, Bilaspur Division. The Commissioner vide order dtd. 21/5/2010 (Annexure P/4) allowed the second appeal and set aside the order of Collector and at the same time remitted the matter back to the CEO, Baramkela for a fresh scrutiny of the papers and then to reach to a conclusion as to who is the eligible person to be issued with an order of appointment.