Ram Kishan. vs State of Madhya Pradesh & Ors.

This petition under Article 226 /227 of the Constitution of India has been filed against the order dated 09.09.2008 passed by Additional Commissioner, Gwalior Division, Gwalior in Case No.458/2007-2008/Appeal, thereby rejecting the application for grant of stay filed by the petitioner.

The necessary facts for the disposal of the present petition in short are that the petitioner is working on the post of Panchayat Karmi and he was declared as Panchayat Secretary by the Collector in exercise of powers under Section 69 (1) of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. It is submitted that against the petitioner a Crime No.30/2008 was registered by Police Station Girjoura, District Gwalior for offence under Sections 326, 324, 323, 294, 506, 34 of IPC. Accordingly, by order dated 12.08.2008 (Annexure P-6) passed by Collector, District Gwalior, the petitioner was denotified as Panchayat Secretary.

Being aggrieved by the order of the Collector, Gwalior, the petitioner filed an appeal before the Additional Commissioner along with an application for stay of operation of order dated 12.08.2008 passed by Collector, Gwalior. The Additional Commissioner, Gwalior Division, Gwalior by order dated 09.09.2008 rejected the application filed by the petitioner for grant of stay.

Being aggrieved by the order dated 09.09.2008 passed by the Additional Commissioner, Gwalior Division, Gwalior, this petition has been filed.

This Court by order dated 22.09.2008 had stayed the operation of the order dated 12.08.2008 (Annexure P-6) and order dated 09.09.2008 (Annexure P-1) passed by Collector, Gwalior and Additional Commissioner, Gwalior Division, Gwalior respectively.

It is submitted by the counsel for the petitioner that during the pendency of this petition, the petitioner has been acquitted in the criminal case by judgment dated 19.01.2009 passed by First Additional Sessions Judge, Dabra, District Gwalior in S.T.No.292/2008, therefore, now even the reason for denotifying the petitioner as Panchayat Secretary has also come to an end.

Per contra, it is submitted by the State counsel that as the petition was filed against the interim order passed by the Additional Commissioner, therefore, the petitioner may raise an additional ground in the appeal pointing out his acquittal by judgment dated 19.01.2009 before the Court of Additional Commissioner, Gwalior Division, Gwalior.

Heard the learned counsel for the parties. It is clear that this petition has been filed against the order dated 09.09.2008 passed by the Additional Commissioner, Gwalior Division, Gwalior by which the prayer for grant of interim relief was rejected. It is not known that whether the appeal is pending or not.

If the appeal is still pending then the petitioner is granted liberty to raise an additional ground before the Additional Commissioner pointing out his acquittal in S.T.No.292/2008 and since the very basis for denotifying the petitioner has come to an end, therefore, the Additional Commissioner, Gwalior Division, Gwalior may pass the necessary order in the light of the judgment of acquittal dated 19.01.2009.

Till the final order is passed in the Case No.458/2007- 2008/Appeal which is pending before the Court of Additional Commissioner, Gwalior Division, Gwalior, the interim order passed by this Court on 22.09.2008 shall continue.

With the aforesaid observation, the petition is finally disposed off.