PANNALAL NATHUSINGH Vs. K C TIWARI

JUDGEMENT

(1.) THIS is a petition under Art, 226 of the Constitution of India.

(2.) AS the post of Patel fell vacant In village Lukwasa, the Collector Shivpuri appointed Naib Tehsildar Kolaras as Inquiring Officer under Rule 4 of the Rules regarding Appointments, Remune ration. Duties, Removal and Punishment of Patel (hereinafter referred to as the 'rules' ).

(3.) THE Inquiring Officer invited applications for the post of Patel, The petitioner, respondents Nos. 2 and 3 and four other persons submitted their applications to the Inquiring Officer. Out of them only the petitioner and respondents Nos. 2 and 3 were held to be eligible for the post by the Inquiring Officer. Other applications were rejected. The Inquiring Officer proceeded to hold the election for the post of patel in accordance with Rules 8 and 9 of the Rules. In the meantime, the petitioner moved the Collector to revise the order of the Inquiring Officer in so far as it declared respondents Nos. 2 and 3 to be eligible for the post. The Collector held respondents Nos. 2 and 3 to be ineligible for the post of Patel and appointed the petitioner on the said post vide order dated 2-12-1968 (Annexure 'b') as he alone was found to be eligible for the post. Being aggrieved by this order respondent No. 2 filed a revision petition before the Board of Revenue vide annexure 'a'- The Board of Revenue set aside the order of the Col- lector. It held that the petitioner and respondent No. 2 were both eligible for the post and directed the Collector to hold an election in accordance with the Rules (vide annexure 'd' ). This petition is directed against the said order and the petitioner wants that it should be quashed.