Writ petition challenging an order appointing another candidate to the post of Guruji. Court held petitioner's appointment remained valid and order was passed without jurisdiction.
The writ petition is allowed and the impugned order dated 15.3.1999 passed by Respondent No.1 is quashed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition No.3332 of 1999
Gopal Singh, son of Chaitram, aged 29 years, Resident of High School Para (Bhadrapara), Lelunga, District Raigarh (MP) (Now CG)
----Petitioner
Versus
---- Respondents
For Petitioner : Mr.A.K.Prasad, Advocate For Respondent No.2 : Mr.Akhilesh Kumar, Advocate For Res.No.1, 3, 4, 5 & 6: None present
Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board
17/08/2017
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Dharamjaigarh, but the petitioner and other candidates failed to report within the stipulated time and when they did not report in time, they were sent back and were not admitted for training. Again on 14.2.1997 the Chief Executive Officer, Janpad Panchayat, Lailunga recommended the names for training on the post of Guruji including the name of respondent No.5 at Centre Bhadrapara, however, omitted the name of the petitioner and ultimately respondent No.5 was appointed on the post of Guruji (now post of Guruji was converted into Assistant Grade-III) and he is continuing on the said post. In the meanwhile, on 14.12.1998 Standing Committee of Gram Panchayat, Lailunga passed a resolution for cancellation of appointment of respondent No.5. That resolution was challenged by respondent No.4 Jagatram Satnami and respondent No.5 Sunderlal Bada before respondent No.1/Chief Executive Officer, Zila Panchayat, Raigarh and by the impugned order, respondent No.1/Chief Executive Officer, Zila Panchayat, Raigarh allowed the appeal filed by respondents No.3 and 4 and held that respondent No.5 is entitled to hold the post of Guruji, against which, this writ petition has been filed by the petitioner calling in question order dated 15.3.1999 (Annexure P/11) passed by respondent No.1.
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respondent No1/Chief Executive Officer, Zila Panchayat, Lailunga who was not having any jurisdiction and without any authority of law passed the impugned order. He would further submit that appeal at the instance of respondents No.3 and 4 was not maintainable. The petitioner’s appointment was never cancelled and respondent No.5 was never appointed on the post of Guruji.
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impugned order dated 15.3.1999 (Annexure P/11) passed by respondent No.1 is hereby quashed. No order as to cost(s).
Sd/(Sanjay K.Agrawal) Judge
B/-
2 issues framed by the court
Whether the impugned order appointing a different candidate to the post of Guruji should be quashed in view of the petitioner's prior valid appointment.
Whether the Standing Committee of Gram Panchayat or individual candidates had locus standi to challenge the Janpad Panchayat's resolution.
Gopal Singh
Chief Executive Officer, Jila Panchayat Raigarh
Chief Executive Officer, Janpad Panchayat Lelunga
Jagatram Satnami
Shri Sunderlal Bada
Dinesh Bahra
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
