Bhakti Sharan v. Panchayat And Rural Development Department
2015-09-30
J.K.JAIN, P.K.JAISWAL
body2015
DigiLaw.ai
ORDER 1. They are heard. 2. This review application has been filed by applicant –Bhakti Sharan, for reviewing the order dated 27.3.2015 passed in Writ Appeal.No.869/2014, mainly on the ground that vide resolution No.2 dated 26.1.2006, he has been appointed as Panchayat Karmi by the Gram Panchayat – Gulzira and the resolution No.1 by which appointment of non-applicant No.8 – Fakariya, on the post of Gram Panchayat is fictitious and fabricated document. This Court relying on the aforesaid facts mentioned in the review application by order dated 4.9.2015 directed the Sub Divisional Officer of Tahsil – Bhagwanpura to produce the original record of Gram Panchyat Gulzira, in respect of resolutions No.1 and 2 dated 26.1.2006 regarding appointments of applicant and non-applicant No.8 on the post of Gram Panchayat and fixed the case for today, i.e., 30.9.2015. 3. Shri Sunil Jain, learned Additional Advocate General has made a statement at bar that as per order No.1719/2.6.2008 of Collector Khargone, during enquiry, it was found that original record regarding appointment of Panchayat Karmi of Gram Panchayat - Gulzira is with present applicant. Relevant part of the order of Collector, Khargone dated 2.6.2008 reads as under :- ßorZeku esa dyDVj U;k;ky;hu izdj.k dh leh{kk esa ;g ik;k x;k fd xzke iapk;r xqyf>jk dk iapk;rdehZ laca/kh vfHkys[k jlxkaxyh iapk;r ds iapk;rdehZ Jh eksjyky oMsZ ds ikl u gksdj xzke iapk;r xqyf>jk ds iapk;rdehZ Jh HkfDr ‘kj.k iaokj ds ikl gSAÞ 4. The appointment of the applicant was challenged by non-applicant No.8 by filing an appeal before the appellate authority, i.e., Court of Collector District Khargone. The learned appellate authority, after examining the matter gave a finding that non-applicant was appointed as Panchayat Karmi by the Gram Panchayat and the resolution of Gram Panchayat was also approved. As per Clause 4.6 of Panchayat Scheme, if appointed person is failed to join, within a period of 7 days from the date of his appointment then, the persons who are on waiting list will be appointed on the said post according to the merit of the waiting list. During the course of the arguments, learned counsel for the applicant intimated that he joined on the post of Panchayat Karmi on 22.1.2006, after a period of one month of the so called resolution. The learned authority came to the conclusion that so called appointment is contrary to the Panchayat Karmi scheme and set aside the order dated 22.1.2006.
During the course of the arguments, learned counsel for the applicant intimated that he joined on the post of Panchayat Karmi on 22.1.2006, after a period of one month of the so called resolution. The learned authority came to the conclusion that so called appointment is contrary to the Panchayat Karmi scheme and set aside the order dated 22.1.2006. This order of the Collector has been upheld by the revisional authority and the said order of the revisional authority has been upheld by the writ Court in Writ Petition No.10144/2013(s). 5. This Court considering all the issues, which have been argued by the learned senior counsel in Writ Appeal No.869 of 2014, dismissed the writ appeal of the applicant by passing a detailed order. In para 16 of the writ appeal order, the finding recorded by the appellate authority has been quoted and held that no fruitful purpose would be served in setting aside the order of the learned writ Court rather, it would be futile exercise to remit the same, to decide a fresh after calling the record of the Collector Khargone. 6. On due consideration of the aforesaid and the arguments advanced by the learned senior counsel for the applicant, we are of the view that there is no error apparent on the face of the record in passing the order dated 23.7.2015, the review application is devoid of any substance and is accordingly, dismissed.