Dashrath Prasad Jhariya vs The State Of Madhya Pradesh
2021 Latest Caselaw 8691 MP

                                             1

 THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                    AT JABALPUR

                              (DIVISION BENCH)
                                W.A.No.1380 /2018

        Dashrath Prasad Jhariya                                     Appellant
                                        Versus

       State of Madhya Pradesh and others                          ...Respondents
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       Coram :
               Hon'ble Mr. Justice Ravi Malimath, Chief Justice.
               Hon'ble Mr. Justice Vijay Kumar Shukla, Judge.
       ---------------------------------------------------------------------------------
       Presence :
               Shri P.Pareek, learned counsel for the appellant.
               Shri A.A.Bernad, Deputy Advocate General for the
               respondents/State.
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                                 JUDGMENT

(13/12/2021) Per : V.K. Shukla, J.

The present intra court appeal has been filed under Section 2(1) of

Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal)

Adhiniyam, 2005, being aggrieved by the order dated 01-08-2018 passed

in W.P. No.13864/2013, whereby the learned Single Judge has dismissed

the writ petition filed by the appellant.

2. The appellant challenged the order dated 12-11-2012 passed by the

respondent no.2/Additional Commissioner, Jabalpur, whereby his appeal

filed against the order dated 12-09-2005 passed by the Collector, Katni

has been dismissed.

3. The appellant was working as Panchayat Karmi and was conferred

with the powers of Panchayat Secretary. By the impugned order

12-09-2005, he was de-notified as Secretary on the allegation of

defalcation and misappropriation of public money against him. The

appellant did not challenge the order of de-notification and confined the

challenge to only recovery which was issued by order dated 21-05-2007

by the Janpad Panchayat.

4. The appellant first time challenged the order of de-notification in

the year 2011 in a writ petition which was dismissed as withdrawn with

liberty to file an appeal before the Commissioner.

5. The learned Single Judge has dismissed the writ petition on the

ground of delay. The appellant has failed to give any explanation for the

delay in challenging the order of de-notification dated 12-09-2005. In the

year 2011, the appeal was preferred after a period of 6 years and there

was no explanation to the delay. The learned Single Judge has taken

into consideration the facts of the case and held that there is no

explanation for 6 years in the appeal filed by the appellant. We do no

find any illegality or perversity in the order passed by the Learned Single

Judge warranting any interference in the intra court appeal. Accordingly,

the writ appeal is dismissed. No order as to costs.

      (RAVI MALIMATH)                     (VIJAY KUMAR SHUKLA)
        CHIEF JUSTICE                             JUDGE
hsp
              Digitally signed by
              HARSAHAI PATERIYA
              Date: 2021.12.15
              12:14:01 +05'30'