SHIVSHAKTI VYAS Vs. SOMAT SINGH

JUDGEMENT

(1.) PETITIONER by Shri M. M. Kaushik, Advocate.

(2.) A school was started under the Education Guarantee Scheme in Village Karai, Gram Panchayat Gurariya. Petitioner was appointed as Guruji on fixed pay of Rs. 500/ - per month vide order dated 26 -2 -1997. Petitioner joined services as Guruji on 1 -3 -1997. Petitioner continued teaching in the school. While the petitioner was teaching in the school, some appeal was preferred before the Chief Executive Officer, Zila Panchayat, Vidisha challenging the appointment of the petitioner. Though the petitioner was arrayed as respondent in the appeal, but it is contended by the petitioner that no notice was sent to him. Petitioner further submitted that the Chief Executive Officer, Zila Panchayat, Vidisha had no jurisdiction to entertain the appeal after lapse of two years. Even otherwise, he is not an appellate authority under section 91 of the M. P. Panchayat Raj Adhiniyam.

(3.) COUNSEL for the respondent No. 1 submits that the Cheif Executive Officer has jurisdiction to decide the appeal. He invited attention to the document Annexure R/1 which is Education Guarantee Scheme. Para 7 of the Scheme relates to appeal and representation. It is provided that if the community is not satisfied with the decision of the Gram Panchayat, it shall prefer an appeal against the decision of the Gram Panchayat before Chief Executive Officer, Janpad Panchayat, which shall be decided within a period of seven days. If the Gram Panchayat, is not satisfied with the decision of the Chief Executive Officer, Janpad Panchayat, then the order can be challenged before Chief Executive Officer of District Panchayat and the appeal shall be heard by the Education Guarantee Scheme Committee which shall take final decision. Counsel for respondent No. 1 therefore submits that the appeal was maintainable before the Chief Executive Officer. He submits that considering the facts of the case and the reasons assigned, the petition be dismissed.