LAWS(MPH)-2003-6-44

SHIVANAND BHARTI Vs. STATE OF MP

Decided On June 30, 2003
Shivanand Bharti Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) PETITIONER in this writ petition is assailing the orders P-1 dated 26.11.2002 and P-2 dated 23.12.2002 passed by the Commissioner, reviewing the earlier order allowing the appeal which was filed by the petitioner.

(2.) WITH respect to appointment of pujari of Shiv Mandir, Dev Talab, Tahsil Mauganj, district Rewa, SDO, Mauganj, District Rewa initiated proceedings. Five applications were received. Police Verification was called upon. Applicants were examined. Report from revenue inspector and Patwari were also called. Opinion of Gram Panchayat was also obtained. Shri Dinesh Kumar Bharti, respondent No. 5 was found to be fit for appointment as pujari. His conduct was reported to be good.

(3.) ORDER has been recalled on the ground that Shivanand Bharti has obtained education upto 8th whereas Dinesh Kumar Bharti, up to class 12th. Case of Dinesh Kumar Bharti was recommended by most of the panchas and the ground of being grandson was not adopted by the SDO in the order passed for making an appointment of respondent No. 5. Thus, two main grounds employed by the Commissioner of allowing the appeal were against the record, as such there was an error apparent on the face of the record. Hence, the order was recalled. Thereafter, second appeal has been heard afresh and order P-2 has been passed on 23.12.2002.