Rani Bairagi v. State Of Madhya Pradesh and Others)
2020-01-13
G.S.AHLUWALIA
body2020
DigiLaw.ai
JUDGMENT 1. This petition under Article 226 of the Constitution of India has been filed seeking the following relief:- " (i) That the impugned order dt.26.09.2019 passed by the respondent No.2 (Annexure P/1) so also the impugned order dt.11.12.2019 passed by the respondent No.4 (Annexure P/2) may kindly be quashed. (ii) That any other relief to which this Hon'ble Court may deem fit may also be directed to be extended in favour of the petitioner in the interest of justice. Costs of this petition be also awarded in favour of the petitioner." 2. It is submitted by the counsel for the petitioner that the Collector, Shivpuri by order dated 26/09/2019 passed in Case No.25/a-89(15)/2017-18 had remanded the matter back to the Project Officer. However, without following the directions given by the Collector and without conducting any inquiry, the Project Officer by impugned order dated 11/12/2019 has cancelled the appointment of the petitioner on the post of Aganwadi Shayika. 3. It is further submitted by the counsel for the petitioner that the order dated 11/12/2019 cannot be said to be a fresh cause of action. It is the order, which was passed in consequence of the directions given by the Collector, Shivpuri. 4. Heard the counsel for the petitioner. 5. Even, if the contention made by the counsel for the petitioner that the order dated 11/12/2019 is a consequential order, still the petitioner had a remedy of filing an appeal against the order dated 26/09/2019 passed by Collector, Shivpuri. Admittedly, no appeal has been filed by the petitioner. 6. Accordingly, the counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to assail the order dated 26/09/2019 as well as order dated 11/12/2019 by filing an appeal before the Commissioner, Gwalior Division Gwalior/Chambal Division Morena. 7. In case, if the appeal is filed, then the appellate authority shall consider the said appeal strictly in accordance with law including the period of limitation. 8. With the aforesaid liberty, this petition is hereby dismissed as withdrawn.