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2011 Supreme(MP) 176

RAJENDRA MENON
Chandra Kant Kushwaha – Appellant
Versus
Collector, Katni – Respondent


Advocates Appeared:
Mukesh Agrawal for petitioner;
Rajesh Tiwari, Government Advocate for Respondents No.1 and 2,
Sushil Tiwari for respondent No.5.

ORDER

1. Challenging the order dated 15.11.2010 (Annexure P-l), passed by the Collector, Katni and the order dated 22.12.2009 (Annexure P-2), passed by the Sub Divisional Officer, Revenue this writ petition has been filed by the petitioner.

2. Before the Sub Divisional Officer (hereinafter referred to as 'SDO') and the Collector concerned, challenge was made by respondent No.5 to a resolution dated 17.3.2009, with regard to cancellation of his appointment made on the post of Panchayat Karmi. The petition is filed mainly on the ground that against the resolution (Annexure P-5), dated 17.3.2009, appeal before the S.D.O. was not maintainable and, therefore, the authorities having acted without jurisdiction, the entire order is unsustainable.

3. Facts that have come on record indicate that the Gram Panchayat issued an advertisement for appointment to the post of Panchayat Karmi. Apart from various other persons, petitioner and respondent No.5 were candidates, vho had submitted their candidature for appointment to the post in question. Gam Panchayat passed a resolution on 6.9.2007 (Annexure P-3) and finding respondent No. 5- Manoj Kumar Dubey, to be more meritorious, he was recommended to













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