OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) ALL of them have been heard. Shri L. Bhatnagar vehemently submitted that petitioner has been charged for committing the act of forging the seals of Gram Panchayat and thereby preparing the bogus ration cards and misappropriating the property of Gram Panchayat, Malyahedi weighing about 7. 55 quintals of wheat. He has been removed from service without even affording him the opportunity of being heard. He submitted that the said allegation constitutes an offence and if an appropriate writ is not granted in favour of the petitioner, it would stigmatize him and would be leaving him without any defence in the criminal prosecution. Mrs. Chaphekar submitted that she is entitled to make a submission though respondents 1 to 3 did not file the return challenging the maintainability of the writ petition for supporting the order which is being attempted to be quashed. She was given permission to make the submissions making reference to the averments made in the petition and the annexures annexed to the petition.

(2.) MRS. Chaphekar submitted that the petition would be falling wholly under purview of Article 227 of the Constitution of India and, therefore, this Court would be restricted only to see whether the Sub-Divisional Officer and the'addl. Commissioner, Ujjain Division, Ujjain were within the jurisdiction to pass the orders which are being challenged by this petition. She submitted that both the authorities were well within the jurisdiction and, therefore, this ' Court be pleased not to exercise the jurisdiction in view of Article 227 of Constitution of India for quashing the said orders and the initial order of removing the petitioner from service of Gram Panchayat Malyahedi from the post of Panchayat Karmi (Sachiva ).

(3.) SHRI V. P. Kharc, counsel appearing for the respondents 4 and 5 submitted that petitioner happened to be a temporary employee of Gram Panchayat Malyahedi and, therefore, he is not entitled to be heard before being removed. He further submitted that the S. D. O. and the Addl. Commissioner, Ujjain Division, Ujjain dealt with his grievance appropriately and. therefore, this petition will have to be dismissed.