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2008 Supreme(MP) 434

A.K.PATNAIK, SHANTANU KEMKAR
Lalla Prasad Burman – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ajay Kumar Shukla for appellant; Kumaresh Pathak, Deputy Advocate General for State.

JUDGMENT

Patnaik, CJ. --1. This is an appeal filed under section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 30.7.2007 passed by learned Single Judge in WP No. 9457/2007.

2. The relevant facts briefly are that the appellant was appointed as Panchayat Karmi in Gram Panchayat, Karri in District Shahdol in the State of M.P. on 13.11.1995 and thereafter was notified as Secretary of the Panchayat by the Collector, Shahdol on 12.10.1999. While he was working as a Secretary, he was served with a notice dated 21.6.2007 to show cause why the charge of Panchayat Secretary shall not be withdrawn from him because of the allegation against him that some essential commodities belonging to ration card-holders were found in his possession and prosecution under the Essential Commodities Act, 1955 against him was pending. The appellant submitted his reply and after considering the reply, the Collector, Shahdol passed an order dated 29.6.2007 for de-notification of the appellant as Secretary of the Panchayat on the ground that he was disqualified for the post of Panchayat Secretary. Aggrieved, the appellant filed an appeal before the









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