NIHAL SINGH JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India assails the final order dated 17.03.2009 passed in Case no. 25/08 -09/ Revision by the Additional Commissioner, Gwalior Division contained in P -1, whereby the revision filed by the respondent no.5 against the appellate order of SDO dated 25.10.2008, has been allowed and in the process, the appeal preferred by the petitioner before the SDO, which had been allowed, has been held to be time bared and thus rejected.

(2.) The factual matrix lying in the foundation of the case is that the petitioner was appointed as Panchayat Karmi on 25.01.1996 vide P -2 and the powers of Secretary were vested upon him vide P -3 dated 08.10.1998. Eventually, the petitioner was terminated on 14.05.2003 by a resolution of the Gram Panchayat which came to be challenged in W.P. No. 1579/2003, which was allowed on 11.08.2003 vide P -4 by quashing the resolution dated 14.05.2003 and restraining the appointing authority from taking any action against the petitioner except in accordance with law after affording due and sufficient opportunity. Thereafter, petitioner was reinstated as Panchayat Karmi, but no powers of Secretary were bestowed upon him. However, Gram Panchayat, by resolution dated 09.06.2004 terminated the petitioner from the post of Panchayat Karmi. Aggrieved, the petitioner preferred appeal which was allowed by the SDO on 25.08.2010 vide P -5 by holding that the Panchayat has not afforded any prior opportunity of being heard to the petitioner before depriving him of his services as Panchayat Karmi.

(3.) Interestingly, while the SDO passes the appellate order on 25.10.2008 after having found the appeal to be worth allowing and after recording his finding in favour of petitioner, an observation was made by the said appellate authority that the appeal is treated to be filed within limitation. Pertinently, the appeal preferred by the petitioner against the resolution dated 09.06.2004 was filed on 26.03.2008 with a delay of three years and eight months.