MEHFOOZ KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner before this Court has filed the present writ petition, being aggrieved by an order dated 15/10/2008 (Annexure P/1) passed by the Commissioner, Chambal Division, Morena.

(2.) The contention of the petitioner is that he was appointed as Panchayat Karmi and an order dated 12/11/2001 was passed by the Collector (Panchayat), District Morena in exercise of the powers conferred under Section 69(1) of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993, de-notifying him as Panchayat Karmi. Against the said order, he has preferred an appeal i.e. Appeal No. 6/2002-03 before the Commissioner, Chambal Division, Morena and the same was allowed by the Commissioner, Chambal Division, Morena by an order dated 09/09/2003. The Commissioner, Chambal Division, Morena while allowing the appeal, has remanded the matter back to the Collector Morena to pass a speaking order and to pass order afresh in the matter. The petitioner has further stated that thereafter another order passed by the Collector, Morena on 05/01/2004 again de-notifying the petitioner vide Annexure P/4. Thereafter, the petitioner has preferred an appeal before the Commissioner, Chambal Division, Morena against the order dated 5/1/22004 (Annexure P/4) passed by the Collector, Morena, The Commissioner, Chambal Division, Morena has dismissed the appeal preferred by the petitioner vide order dated 15/10/2008. The petitioner has came up before this Court by filing the present writ petition and has argued before this that the respondent no. 1-Collector, Morena while de-notifying the petitioner, has not followed the statutory provisions. Learned counsel appearing for the petitioner, has relied upon a judgment delivered by a Division Bench of this Court in the case of Lalla Prasad Burman Vs. State of M. P. and Others, 2008 3 MPLJ 394, wherein the Diosion Bench of this Court in paragraphs 5, 6, 7, 8 & 9 has held as under :-

(3.) In the result, we allow this appeal, set aside the impugned order dated 30/07/2007 passed by the learned Single Judge, quash the order dated 29/06/2007 of the Collector, Shahdol, as well as the order dated 16/07/2007 of the Commissioner Rewa Division, and leave it open for the Collector to pass an order of suspension of the appellant in accordance with the Rules, 1999"