AJAY KUMAR AGNIHOTRI Vs. COMMISSIONER & ORS

JUDGEMENT

(1.) In the present intra-Court appeal a challenge has been made to the order dated 11.04.2018 passed by learned Single Judge in W.P. No.13013/2018 (Ajay Kumar Agnihotri Vs. The Commissioner, Rewa & Ors.) whereby, a challenge to the order dated 26.07.2016 passed by the Commissioner, Rewa Division Rewa has remained unsuccessful.

(2.) The facts succinctly are that the post of Gram Rozgar Sahayak was advertised by the Gam Panchayat Chakdahi, Janpad Panchayat Sirmor, District Rewa. It is stated that the petitioner alongwith 13 other candidates applied for the said post including respondent no.6. However, the application was not considered and he was declared disqualified on the ground that the appellant is not the local resident of Gram Panchayat. The appellant filed an objection to the same before the Committee as per the procedure prescribed under Clause-12 of the scheme framed by the M.P. State Employment Guarantee Council. The committee adjudicated the case in favour of the appellant and the appellant was selected. In pursuant to his selection he was appointed and started working on the said post.

(3.) Respondent no.6 being aggrieved with the appointment, has made a complaint alleging that the application for appointment was not filled by the appellant, instead it was signed by his father. Appellant had denied these allegations and submitted that the application was signed by him but because of his ailment on the date of submission of the application, he was not present therefore, the same was submitted by his father. The respondent no.6 filed a private complaint before the Judicial Magistrate 1st Class under Section 156(3) of the Cr.P.C. and refused to take any cognizance against the appellant.