DURGESH SINGH Vs. THE ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the orders dated 08.01.2008 passed by respondent No. 2 as well as 16.07.2010 passed by respondent No.1.

(2.) Brief facts of the case are that the Gram Panchayat Lasudiapar, Janpad Panchayat Ashta, District Sehore has published an advertisement for appointment on the post of Panchayat Karmi. The petitioner as well as respondent No. 4 including 14 candidates have applied for appointment on the said post on 08.08.2007. A meeting of the members of the Gram Panchayat Lasudiapar was held for appointment on the post of Panchayat Karmi. On the basis of the resolution passed by majority, the name of the petitioner was recommended for appointment as Panchayat Karmi of Gram Panchayat Lasudiapar. Being aggrieved by the said resolution, respondent No. 3 had filed a revision before respondent No. 2. In the meanwhile, on the basis of the resolution passed by the Gram Panchayat Lasudiapar, the petitioner was given appointment on the post of Panchayat Karmi vide order dated 08.08.2007.

(3.) In compliance thereof, the petitioner join the duties on 14.08.2007. Thereafter, the petitioner was notified as Panchayat Secretary by the Collector on 02.01.2008. Thereafter, the revision preferred by respondent No. 3 was finally decided vide order dated 08.01.2008, whereby, respondent No. 2 set aside the resolution passed by the Gram Panchayat with a direction to make appointments as per instructions of Government dated 27.01.2006. Being aggrieved by that order, the petitioner has filed a second revision against the order of respondent No. 2 before respondent No. 1. Along with the said revision, the petitioner has also filed an application for interim relief. The respondent No. 1 vide order dated 18.02.2008 has stayed the operation of the order passed by respondent No. 2 and on the strength of that interim order, the petitioner continue to work. The respondent No. 1, thereafter, rejected the second revision preferred by the petitioner on the ground that the Court has no jurisdiction to hear or entertained the revision against the order of Collector vide order dated 16.07.2010. Being aggrieved by that order, the petitioner has filed the present petition.