PRATAP SINGH YADAV Vs. STATE OF M. P .

JUDGEMENT

(1.) HEARD on admission.

(2.) THE petitioner in this petition challenging the order dated 22.2.2007 passed by Sub-Divisional Officer vide Annexure P-1 whereby learned authority had taken action against the petitioner under section 40 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. Learned counsel for the petitioner is assailing this order on the ground that no inquiry was conducted nor any opportunity was given before passing the impugned order. From the perusal of the impugned order, it appears that notices were issued to the petitioner and he submitted his reply and thereafter on 20th February 2007 he failed to appear before the authority and, therefore, he was proceeded ex parte and respondent No. 4 on the basis of the record passed the impugned order. Therefore, it cannot be said that the order was passed without giving any opportunity to the petitioner in violation of the principle of natural justice. The impugned order is appealable under Rule 3 of M.P. Panchayat (Appeal and Revision) Rule, 1995. The petitioner is at liberty to assail the order by filing an appeal before the appellant authority and if such an appeal is filed within 15 days from today the same may be decided expeditiously as early as possible within a period of two months from the date of receipt of order. In respect of interim relief, the petitioner is directed to apply for stay as per the Rules of 2005 before the appellate authority.