RAMCHANDRA CHOUHAN Vs. COLLECTOR

JUDGEMENT

(1.) WITH consent of the parties heard finally.

(2.) ADMITTEDLY , the order impugned in this writ petition is dated 2.11.2001 passed by the Collector in exercise of power conferred under section 85(1) of Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 which is appealable order by virtue of rule 9 of Madhya Pradesh Samvida Shala Shikshak (Appointments and Conditions of the Services) Rules, 2001 read with rule 3 of Madhya Pradesh Panchayat (Appeal and Revision) Rules, 1995. In terms of rule 3, sub clause (b) the appellate authority for challenging the order passed by the collector in this case is the commissioner.

(3.) ACCORDINGLY and in view of the discussion above, this petition is dismissed. However, the petitioner is granted liberty to file an appeal before the concerned Commissioner 'as contemplated under rule 3, sub clause (2) of M.P. Panchayat (Appeal and Revision) Rules, 1995 read with rule 9 of M.P. Samvida Shala Shikshak (Appointments and Conditions of the Service) Rules, 2001. In case appeal is filed within 30 days from the date of passing of this order, the Commissioner shall entertain the appeal and will decide the same on merits in accordance with law and after issuing proper notices to the respondents within a period of four months from the date of its presentation. Certified copy within three days.