GONDIA PAWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition was original filed as Original Application in the M.P. Administrative Tribunal, Jabalpur, which has been transmitted to this Court and is registered as writ petition after closure of the Tribunal.

(2.) THE grievance of the petitioner is that when he made a complaint with respect to illegal appointment of respondent No.4 before the competent authority and categorically contended that the respondent No.4 was appointed initially as a Cleaner, was not having the requisite qualification to be appointed on the post of Steno, but was appointed as such at the behest of one Joint Director of Agriculture, who was posted at the said place, the proper enquiry was not conducted and a report was given saying that the complaint made by the persons like petitioner was not found correct. It is contended that looking to the facts as have been mentioned in the report itself, it was to be held that the respondent No.4 was not eligible to be appointed on the post, but erroneous appointment was made in his favour. Since now he has been mentioned in the gradation seniority list as Stenographer, his name is required to be struck off. In view of these allegations, the petitioner has claimed the following reliefs :-

(3.) AFTER hearing learned counsel for the parties at length and perusing the record, this Court fails to understand as to how the respondent No.4 could be appointed on the post of Stenographer on 15.11.1977 and how could he be confirmed on the said post on 1.4.1980 even when it is admitted by the respondents in their return that the respondent No.4 has acquired the qualification for appointment on the post of Stenographer on 5.8.1980. This itself speaks a volume about the conduct of enquiry by the respondents as has been reflected in report submitted by the Joint Director Agriculture, Tawa Ayakat Development Hoshangabad on 30.10.1989 contained in Annx.A/5.