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2000 Supreme(SC) 1010

G.B.PATTANAIK, UMESH C.BANERJEE
Jaswant Singh – Appellant
Versus
State Of M. P. – Respondent


ORDER

Leave granted.

2. The appellants, pursuant to the order issued by the Janpad Panchayat, joined as Lower Division Clerk (LDC) in February, 1987. Their appointments, however, stood annulled by the order of the Collector in exercise of power under Section 83 of the Panchayat Adhiniyam, 1981.

3. The Collector, on a finding that the prescribed procedure for appointment, had not been followed, cancelled the order of appointment. The prescribed procedure supposed to be calling for the candidates from the Employment Exchange. Against the said order of the Collector, the High Court was moved, but being unsuccessful there, this appeal is before us.

4. Mr. Mishra, learned senior Counsel appearing for the appellants, raised two contentions in assailing the legality of the order of cancellation passed by the Collector : (1) in view of the two judgments of this Court in Union of India & Ors. v. N. Hargopal & Ors.1 and Excise Superintendent Malkapatnam Krishna Distt. A.P. v. KBN Visweshwara Rao & Ors.2, the conclusion of the Collector was erroneous that the prescribed procedure had not been followed merely because the candidates had not been sponsored by the Employment Exchange and (2) th










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