RAVINDRA KUMAR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, who is a Patwari of Revenue CircleBahoriband, Patwari Halka No. 23/38 of Village Udaipur, by way of the instantpetition has assailed the legal validity of order dated 10-7-2006 passed by theSub Divisional Officer, Sihora by which the petitioner's services as Patwari havebeen terminated and order dated 16-10-2007 passed by the Collector dismissinghis appeal.

(2.) It is stated by the learned counsel for the petitioner that the petitioner hasfiled a second appeal before the Commissioner, Jabalpur Division which ispending adjudication but as the very initiation of proceedings and the order oftermination of the petitioner is without jurisdiction and authority of law, as heldby this Court in the case of Vinod Kumar Khare vs. State of M. P. and others, 2008 4 MPLJ 44 and the judgment in thecase of Phulloo Ram Kol vs. State of M. P. and others, W. P. No. 8777/2003decided on 25-9-2008, the petitioner has filed the present petition during thependency of the appeal before the Commissioner.

(3.) It is further submitted by the learned counsel for the petitioner that the petitioner is a Patwari whose appointing/disciplinary authority is the Collector as prescribed in section 104(2) of the M. P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') and the notification issued under section 24 of the Code does not confer any power or authority upon the Sub Divisional Officer, in spite of which the impugned order of termination in respect of the petitioner dated 10-7-2006 has been passed by the Sub Divisional Officer, Sihora which per se is without authority or jurisdiction. The learned counsel for the petitioner has relied upon the judgment of this Court rendered in Vinod Kumar Khare (supra) and Phulloo Ram Kol (supra) to submit that the aforesaid legal position has already been settled by this Court and, therefore, the impugned order of termination of the petitioner be quashed.