Giriraj vs Upayukta (Vikas)
2022 Latest Caselaw 4669 MP

                                                                     1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT INDORE
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                                             ON THE 1st OF APRIL, 2022

                                                       WRIT PETITION No. 7391 of 2022

                                           Between:-
                                           GIRIRAJ S/O SHRI RAMNARAYAN NEHRA
                                           OCCUPATION:   NONE  GRAM   PANCHAYAT
                                           HARWAR,   DISTRICT NEEMUCH   (MADHYA
                                           PRADESH)

                                                                                                   .....PETITIONER
                                           (BY SHRI MANISH YADAV, ADVOCATE)

                                           AND

                                1.         UPAYUKTA    (VIKAS),          DISTRICT NEEMUCH
                                           (MADHYA PRADESH)

                                2.         MUKHAY    KARYAPALAN  ADHIKARI, JANPAD
                                           PAN CHAYAT, NEEMUCH, DISTRICT NEEMUCH
                                           (MADHYA PRADESH)

                                3.         COLLECTOR (VIKAS), COLLECTOR KARYALAYA,
                                           DIST NEEMUCH (MADHYA PRADESH)

                                4.         A Y U K T , PANCHAYAT RAJ       SANCHANALAYA,
                                           BHOPAL (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                           (BY SHRI N.S. BHATI, GOVERNMENT ADVOCATE )

                                      T h is petition coming on for admission this day, the court passed the
                                following:
                                                                      ORDER

1. Heard.

2. By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for quashment of order dated 19.09.2019 and for his reinstatement to the post of Panchayat Secretary, Gram Panchayat Fofaliya, Janpad Panchayat, Neemuch.

3. Contention of learned counsel for the petitioner is that the petitioner had been convicted by the judgment dated 29.08.2019 by Special Judge, Prevention of Corruption Act, Neemuch in Special Case No.300002 for offences punishable Signature Not Verified under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, in SAN

Digitally signed by NEERAJ SARVATE Date: 2022.04.05 17:03:17 IST view of which he had been terminated from services. Subsequently his conviction

has been set aside by this Court by judgment dated 06.04.2021 in Criminal Appeal No.7524/2019. Thereafter on11.05.2021 the petitioner has made an application to the Chief Executive Officer, Jila Panchayat, Neemuch, respondent No.2, for his reinstatement but the said application has remained pending and has not been

considered till now. Prayer has been made for a direction for his application to be decided expeditiously.

4. The prayer is reasonable and hence is allowed and the Chief Executive Officer, Jila Panchayat, Neemuch is directed to advert to and decide petitioner's pending application dated 11.05.2021 (Annexure P/5) within a period of three months from the date of receipt of certified copy of this order by passing a reasoned and a speaking order.

5. With the aforesaid, without expressing any opinion on merits, the instant petition stands disposed off.

(PRANAY VERMA) JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.04.05 17:03:17 IST