Neutral Citation No. - 2025:AHC:74657-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 47 of 2025 Appellant :- Ankit Kumar Nayak Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Nilam Shukla,Sr. Advocate Counsel for Respondent :- C.S.C.,Sourabh,Surnedra Prasad Shukla,Yogendra Kumar Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri R.K. Ojha, learned Senior Counsel for the appellant and Sri Sourabh, learned counsel for the respondent. 2. This appeal arises out of an order passed by learned Single Judge dated 16.12.2024, insofar as observation is made permitting the respondent/petitioner to approach the State Government questioning the appointment of appellant made in the year 2016. Learned Single Judge has relied upon Rule 54 of the U.P. Zila Panchayat Service Rules, 1970, wherein any appointment made in contravention of the Rules is permitted to be enquired by the State Government, on its own motion or an application made by any person, after giving reasonable opportunity to the person concerned. 3. Learned Single Judge, therefore, has observed that though no interference is made with the appointment of appellant, but it would be open for the writ petitioner to make a representation before the State Government, which shall be accorded consideration as per law. The appellant is aggrieved by this part of the liberty given to the writ petitioner to approach the State Government. 4. Sri R.K. Ojha, learned Senior Counsel for the appellant contends that though the appointment of appellant was questioned but neither any notices were issued to him, nor he was heard and therefore observation made by learned Single Judge against the appellant is contrary to law and is in violation of the principles of natural justice. It is also urged that the complaint made by writ petitioner questioning the appellant's appointment is bereft of any merits and that a previous complaint on similar lines was already examined by a three member committee, which submitted its report on 7.7.2021. This report of the three member committee has also been forwarded to the State Government by the District Magistrate. It is, therefore, submitted that all these facts have been concealed. It is also contended that complaint against the appellant's appointment was made by another person, who had filed a Writ Petition No.6757 of 2024, which was dismissed, whereafter an appeal preferred in the matter was also dismissed on 4.7.2024. It is submitted that this is a proxy petition filed by the same person after concealing the aforesaid facts. 5. Learned counsel for the respondent petitioner, on the other hand, submits that since learned Single Judge has not interfered with the appointment of appellant, as such, he has no locus to file the present appeal. 6. Having examined the respective contention, we find that appointment offered to appellant was based on open selection in the year 2015. It transpires that one of the persons, who had also participated in the recruitment, had filed certain objections against the appellant and after such objection was not entertained, he filed a writ petition which was dismissed. The special appeal has also been dismissed. In such circumstances, we are of the view that learned Single Judge rightly refused to interfere in the writ petition filed by the contesting respondent. 7. So far as grant of liberty to respondent to make a complaint to State Government is concerned, we do not take any exception to such course in view of the language implied in Rule 54 of the Rules of 1970. It is, however, provided that in the event any such complaint is made to the State Government, the authorities of the State shall afford an opportunity of hearing to the appellant and the previous reports submitted in his favour shall be specifically taken note of. It will also be open for the State Government to examine as to whether any previous decision has already been taken on the complaint and if it is so, the direction of learned Single Judge would not require reopening of the issue. 8. Subject to the observations and modifications, made above, this special appeal stands disposed of. Order Date :- 8.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad