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VISHAL DHAGAT
Ravi Shanker Chauksey – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner has called in question compassionate appointment of respondent No.5 i.e. Aatish Kumar Dagoria and has prayed for issuance of writ of quo warranto thereby quashing of appointment order dated 31.12.2007 and to issue writ of mandamus to consider and decide the representation of the petitioner.
2. On 18.1.2021 this Court asked the petitioner to explain delay and laches in filing of writ petition. The petitioner has challenged the order of the year 2007 in the year 2020. Later on this Court vide order dated 15.6.2021 asked the petitioner to argue on issue of locus standi of petitioner whether the writ of quo warranto can be issued for removal of a Class IV employee.
3. Learned counsel for the petitioner submitted that petitioner and respondent No.5 both are in zone of consideration for promotion, therefore, petitioner is having direct interest in challenging the appointment of respondent No.5, therefore, he has locus standi to file the present writ petition.
4. Leaned counsel for the petitioner has further submitted that respondent No.5 is holding public office and therefore, writ of quo warranto is maintainable. It is submitted that writ of quo warranto is issue
The posts held by the respondents do not qualify as public offices since they lack the exercise of sovereign functions, making the writ of quo warranto inappropriate.
It is no doubt true that the strict rules of locus standi are relaxed to an extent in a quo warranto proceedings. Nonetheless an imposter coming before the Court invoking public law remedy at the han....
Point of Law : Since the appointment of the 7th respondent is made, creating a supernumerary post, there is no other option to the petitioner, than to approach this Court, by filing a writ petition s....
The court established that only individuals of the rank of Commissioner are eligible for the position of Executive Officer in Municipal Councils, as per the Rajasthan Municipal Service Rules, 1963.
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