KRIPA SHANKAR TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order (Annexure P-19), dated 26-3-1999 issued by Janpad Panchayat, Patan, Distt. Jabalpur, by which the services of the petitioner were terminated because his appointment was found to be contrary to rules.

(2.) BEFORE proceeding ahead in this case, it is necessary to state one more fact. Against the order of Janpad Panchayat there is provision of statutory appeal under Madhya Pradesh Panchayats (Appeal and Revision) Rules, 1995, and the aforesaid order undisputedly is appealable. In this case, a show-cause notice was issued on 14-5-1999. Thereafter other party appeared and matter was placed before the Court on 3-12-1999. After hearing parties this petition was admitted on that date for final hearing. Thereafter this case is listed today for hearing. As the aforesaid petition was already admitted more than 3 years back, in these circumstances, it is not appropriate to dismiss the petition on the ground of availability of alternative remedy, and this petition is heard finally. But it will not be treated as precedent in future.

(3.) SHORT facts of the case are that respondent Janpad Panchayat, Patan through Employment Exchange sought applications for appointment of an Auryedic Vaidya. In this regard letter (Annexure P-4) was sent to Directorate of Employment and Training, Madhya Pradesh in which the aforesaid post was shown with certain qualifications which reads as under :-