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S. A. DHARMADHIKARI, GAJENDRA SINGH
Ramgopal – Appellant
Versus
Narendra – Respondent
ORDER
Dharmadhikari, J:- 1. Heard finally with the consent of both the parties.
The present writ appeal under section 2(1) of the Madhya Pradesh Uchha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dated 5.9.2023 passed in W.P. No.4195/2023 as well as order dated 7.11.2023 passed in R.P. No. 1141/2023, whereby the writ petition as well as the review petition have been dismissed.
2. The brief facts of the case are that the appellant had filed a writ petition challenging the order dated 13.2.2023 passed by the Collector, Mandsaur whereby the appeal filed by the appellant against the order dated 18.11.2022 passed by Sub-Divisional Officer, Revenue- Garoth has been rejected. The appellant was appointed as Pujari vide order dated 31.9.1980 of Devsthan Ram Mandir. He was discharging the duties of a Pujari in the aforesaid Temple for last 42 years. The Respondent No. 1 moved an application for appointment as Pujari of Devsthan Ram Mandir before the S.D.O. (Revenue). The learned S.D.O (Revenue) has dismissed the application. Being aggrieved, the Respondent No.1 challenged the order of S.D.O before the Collector which was also dismissed. Again being ag
The removal of an individual from a service appointment without prior notice, charge memo, or an opportunity for an enquiry violates the principles of natural justice and is legally unsustainable.
Hereditary poojariship not bequeathable by Will; revision under Section 114 HR&CE Act available before writ.
The authority to appoint includes the authority to rescind, and the failure to establish prejudice resulting from not following natural justice does not invalidate the cancellation of an appointment.
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