ADMINISTRATOR, M.C., MORENA Vs. BABULAL SHARMA

JUDGEMENT

(1.) THIS petition has been preferred by the Municipal Council, Morena (hereinafter referred to as the Council). The grievance of the petitioner council is that the Board of Revenue had no jurisdiction to pass the order. It is pleaded that the order passed by the competent authority under section 94 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act), is not open to scrutiny before the Board of Revenue.

(2.) IT may be seen that the order was passed by the Joint Director on 11th of November, 1990. The copy of this order has been placed on record as annexure P/4. It is stated that first to third respondents were promoted as Revenue Sub -Inspectors. Some complaints were made against these promotions. These promotions were set aside by the Joint Director by passing the order, annexure P/4. Against that, the aggrieved employees went before the Board of Revenue and the Board of Revenue has reversed the order of the Joint Director.

(3.) SO far as the requirement to grant opportunity of hearing before any adverse order is passed under section 94 (6) is concerned, the matter has been dealt with in detail in writ petition No. 600 of 1994 decided today. It has been held in the above writ petition, the requirement to give opportunity is a condition precedent.