Writ Appeal No.584 of 2011 and Writ Appeal No.592 of 2011 07.12.2011 In Writ Appeal No.584 of 2011 Shri P.K.Saxena, learned Senior counsel with Shri Y.P.Rathore, learned counsel for the appellant. Ms. M.Raveendran, learned Deputy Govt. Advocate for the respondents No.1 to 4. Shri A.K.Sethi, learned Senior counsel with Shri Harish Joshi, learned counsel for the respondent No.5. In Writ Appeal No.592 of 2011 Ms. Mini Raveendran, learned Dy. Govt. Advocate for the appellants. Shri A.K.Sethi, learned Senior counsel with Shri Harish Joshi, learned counsel for the respondent. Both these intra-Court appeals under Section 2 (1) of the M.P. Uchcha Nyalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 arise out of the order dated 17.10.2011 passed by learned Single Judge of this Court in Writ Petition No.3193/11. Briefly stated a writ petition was filed by the private respondent (Ramesh S/o Chain Singh Patel) seeking following reliefs :- “(a) The suspension order dated 06.01.2011 (Annexure P/2) issued by the respondent No.3, suspending the petitioner in exercise of the powers conferred under Section 39 (1) (a) of Madhya Pradesh Panchayat Raj & Gram Swaraj Adhiniyam, 1993, from the post of President of Jila Panchayat, Barwani, be quashed, in view of the judgment of acquittal dated 28.02.2011 (Annexure P/3) passed by the Special Judge, Barwani in Special Criminal Case No.15/2010. (b) To award costs of this petition from the Respondents. (c) Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case in favour of the petitioners and against the respondents.” The writ petitioner stated before the writ Court that he was suspended from the post of President of Jila Panchayat Barwani by the Commissioner Indore, Division vide order dated 06.01.2011 in exercise of his powers under Section 39 (1) (a) of the M.P. Panchayat Raj & Gram Swaraj Adhiniyam, 1993 taking into consideration the fact that the charges were framed against the petitioner for offence under Section 376 (2) (g) of the Indian Penal Code. However on his acquittal from all the charges vide judgment dated 28.02.2011 though he submitted various representations to the Commissioner seeking revocation of suspension but no orders were passed and as such he had to file the writ petition. The learned Single Judge vide order dated 17.10.2011 allowed the writ petition and held that the order dated 06.01.2011 stands revoked. It is this order which is under challenge in both the writ appeals. It is not in dispute that against the judgment of acquittal, leave has been granted by a Division Bench of this Court to the State for filing an appeal and a criminal appeal against the said judgment has already been admitted for hearing by a Division Bench of this Court on 26.09.2011 directing the accused/writ petitioner to furnish the bail bond before the trial Court. We find that the petitioner's representation seeking revocation of his suspension was not decided by the Commissioner and in the meanwhile before any decision could be taken the writ petition was filed in which the relief claimed was for quashment of the order of suspension. The learned Single Judge instead of directing the authority to expedite disposal of the representation has itself taken a task of ordering for revocation of suspension, when such prayer was not specifically made. In the circumstances, we quash the order passed by the learned Single Judge and direct the Commissioner to examine the writ petitioner's prayer for revocation of his suspension order keeping in view the order of acquittal, the effect of admission of criminal appeal against such judgment of acquittal and the relevant provisions of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Let a speaking order on petitioner's prayer for revocation be passed by the Commissioner taking into consideration all the submissions which may be raised by the parties. Till such order is passed by the Commissioner the interim order passed by this Court on 10.11.2011 shall remain operative. The parties to appear before the Commissioner Indore Division on 15.12.2011. On that date the Commissioner shall fix a date of hearing and after hearing the parties he shall pass a final order about the writ petitioner's prayer for revocation his suspension order on or before 10.01.2012, uninfluenced by the order passed by the writ Court, interim order passed by this Court and this final order. Both the writ appeals stand allowed to the extent indicated above. Cc by tomorrow. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge AM.