Deewan Singh Parmar v. Municipal Corporation, Gwalior
2005-10-19
RAJENDRA MENON
body2005
DigiLaw.ai
JUDGMENT Even though, the case is listed today for orders on I.A. No. 1474 of 2005 filed on behalf of the petitioner for urgent hearing, none has appeared representing the petitioner. Represented by Shri P.D. Bidua advocate. It is pointed out by Shri Bidua that claiming promotion, petitioner has not submitted any representation before the competent authority feeling aggrieved by any action of the respondent authorities. Only so called representation submitted annexure P-2 is against some convener of an enquiry committee and on such representation, it is submitted that no action can be taken by the Municipal Corporation, Gwalior. In case, the petitioner is aggrieved by non-consideration of his case, then he should file appropriate representation before Commissioner, Municipal Corporation, Gwalior who is competent to deal with the matter. From the records, it is seen that in case, he has challenged an order or feels aggrieved by not giving promotion to him and fixation of his seniority over his juniors, he must have filed a suitable representation before the competent authority of the Municipal Corporation, and no action can be taken by the respondents on the representation filed by the petitioner addressing some other authority which is not at all competent to take any action in the matter. Considering the aforesaid and keeping in view the contention raised by Shri Bidua, it is directed that if the petitioner files any representation before Commissioner Municipal Corporation, Gwalior, he shall consider the representation of the petitioner and decide it by speaking order within a period of three months from the date of its receipt. In case, still aggrieved by action taken by the Commissioner, the petitioner may prepare a separate petition, if aggrieved. For the present, petition stands disposed of with the aforesaid direction.