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Judgment
Subodh Abhyankar, J
1.This petition has been preferred by the petitioner under Article 226 of the Constitution of India assailing order dated 2th February, 2021 (Annexure
P/1) passed by the Divisional Commissioner, Ujjain Division, Ujjain (MP) whereby the petitioner's application for stay has been rejected. The
aforesaid stay application was filed in an appeal preferred by the petitioner under Section 91 of the Madhya Pradesh Panchayat Raj Avam Gram
Swaraj Adhiniyam, 1993.
Counsel for the petitioner has submitted that although vide impugned order, the appeal preferred by the petitioner has been admitted, considering the
grounds raised by the petitioner, that neither any show cause notice was given to him nor any opportunity of hearing was provided to him while passing
order dated 22nd January, 2021 (Annexure P/5) whereby his services have been suspended by the Chief Executive Officer, District Panchayat,
Mandsaur (MP) on account of financial irregularities.
Counsel has submitted that while deciding the application for stay, the same has been rejected by the learned Commissioner, without giving any
cogent reasons.
Counsel for the respondent / State, on the other hand, has sought time to take instructions in the matter.
On due consideration of the submissions and perusal of the record, in the considered opinion of this Court, since a short point is involved in the
appeal preferred by the petitioner before the Divisional Commissioner, it would be expedient to dispose of this petition with a direction to the
Commissioner, Ujjain Division, Ujjain (MP) to decide the appeal preferred by the petitioner against order dated 22nd January, 2021 (Annexure P/5)
passed by the Chief Executive Officer, District Panchayat, Mandsaur (MP) preferably within a further period of two weeks from the date of receipt
of certified copy of this order, by a reasoned and speaking order, in accordance with law.