GRAM PANCHAYAT BAMROL Vs. JAGDISH SINGH RAWAT

JUDGEMENT

(1.) THE appellant has filed this Writ Appeal under Section 2 (1) of the Madhya pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 29-8-2007 passed by the learned Single Judge in Writ petition No. 2941/04 (S ).

(2.) BRIEF facts of the case are that the respondent No. 1 was appointed as Panchayat Karmi and thereafter he was also notified as Panchayat Secretary by the prescribed authority i. e. , the Collector. A show cause notice was issued to the petitioner/respondent No. 1 on 8-7-2004 by Joint Director, Panchayat and social Welfare that why his powers as Panchayat Secretary be not withdrawn and he be de-notified to function as Panchayat Secretary. Reply of the aforesaid show cause notice was filed and thereafter on the basis of the order given by the collector, the Joint Director communicated the order on 20-7-2004 denotifying the powers of the respondent No. 1 as Panchayat Secretary. Appeal against the aforesaid order was preferred before the Commissioner, Gwalior Division, gwalior under Section 91 of the M. P. Panchayat Raj Avam Gram Swaraj adhiniyam, 1993 (hereinafter shall be referred as 'adhiniyam 1993'), which was dismissed, against which the respondent No. 1 filed a Writ Petition No. 2941/ 04. By order dated 29-8-2007, learned Single Judge allowed the Writ Petition, set aside the impugned order passed by the Collector dated 20-7-2004 and annexure P-4 as well as order dated 12-10-2004 (Annexure P-6) passed by the commissioner in appeal, against which the Gram Panchayat Bamrol through its sarpanch has filed this appeal.

(3.) WE have heard the learned Counsel for the parties and perused the record.