SURENDRA PRASAD TIWARI Vs. KAVITA PANDEY

JUDGEMENT

(1.) THIS is an appeal preferred by the petitioner u/s 2 (1) of M. P. Uchha nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005. The appellant challenges the order dated 05/01/2009 passed by the learned Single Judge in W. P. No. 6224/2008 (s), whereby the petition filed by the respondent no. 1 has been disposed of by setting the order passed by the State Minister. The petition was disposed of with a direction to the respondent no. 3, Collector, Rewa to consider the entire issue relating to the appointment to the post of Panchayat karmi in the Village Panchayat Pidariya and to ensure that the appointment on the post of Panchayat Karmi is made strictly as per the circulars issued by the STAte government from time to time and by following the criteria of merit and preference provided in the circular.

(2.) THE facts leading to the present case are that the present appellant alleges that he was already selected and the Gram Panchayat passed a resolution in his favour to appoint him as Panchayat Karmi. An advertisement was issued on 04/02/2008 by the Chief Executive Officer, whereby the applications were invited for appointment to the post of Panchayat karmi. The appellant as well as other candidates applied for the same but the Panchayat passed a resolution on 30th July 2007 in his favour to appoint him. The proceedings of gram panchayat were doubted. The proceedings have been placed on record as annexure-P-4 alongwith writ appeal. It is clear from the proceedings that without recording any reasons the appointment of the appellant was made. The resolution was passed to appoint the appellant on the post of Panchayat karmi on the basis of majority of votes only. The said proceedings were doubted by the Sub Divisional Officer and the relevant information was sent to the Collector vide his letter dated 27/12/2007. The said letter has been placed on record of the writ appeal as Annexure-P-7. As it is evident from the same it was found that certain other candidates also applied for the same but the resolution was doubted on the ground that the Panchayat should have called for other information before rejecting the applications of the other candidates but the same was not done and without there being any justification the candidature of other persons was rejected and were not considered for the appointment by the Panchayat. On the basis of the same the Collector, Rewa vide his letter Annexure-P-8 directed the Panchayat to initiate the fresh proceedings for the appointment. Against the aforesaid order the appellant preferred an appeal to the Commissioner and the order passed by the commissioner is filed on record as Annexure-P-13 to the writ appeal. As it is evident from the order passed by the Commissioner the matter was remitted back to the Collector to decide the issue after giving an opportunity as such and till then the fresh process which was initiated for selection and appointment was also stayed. Against the said order the present appellant preferred a revision to the Minister and the Minister by an order dated 29/03/2008 (Annexure-P-1) allowed the said revision and set-aside the order passed by the Collector as well as the Commissioner.

(3.) BEFORE this Court a writ petition was filed by the respondent no. 1. challenging the order passed by the State Minister which is Annexure-P-1. The order passed by the Commissioner dated 22/02/2008 was upheld, wherein the matter was remitted back to the Collector by the Commissioner. The learned single Judge directed for initiating the fresh process of selection to the post of panchayat karmi strictly as per the circular issued time to time and also to follow criteria of merit and preference provided in the circular.