Madhya Pradesh High Court
Dwijendra Nath Mishra vs The State Of Madhya Pradesh on 28 August, 2019
Author: Nandita Dubey
Bench: Nandita Dubey
1 WP-17677-2019
The High Court Of Madhya Pradesh
WP-17677-2019
(DWIJENDRA NATH MISHRA Vs THE STATE OF MADHYA PRADESH) 1 Jabalpur, Dated : 28-08-2019 Shri Ajay Pal Singh, learned counsel for the petitioner. Shri Ajay Gupta, learned Additional Advocate General with Shri Manish Verma, learned Govt. Advocate for the State.
Petitioner is aggrieved by the order dated 19.08.2019 whereby he has been terminated within a period of three days after his being appointed on 16.8.2019.
Learned Additional Advocate General vehemently opposed the prayer for interim relief. It is stated that at this stage granting the interim relief amounts to final relief as held in the cases of (2003) 4 SCC 104, Public Services Tribunal Bar Association Vs. State of U.P. and Another, (1972) 4 SCC 23, The Associated Cement Companies Ltd. Vs. Cement Workers Kamdar Union and others and(2009) 17 SCC 555, State of U.P. and others Vs. Sandeep Kumar Balmiki and others.
However, it is apparent from a perusal of the impugned order that the same is bereft of any reason.
The petitioner was appointed on 16.8.2019 and just after three days, his service was terminated. Prima facie, the order appears to be illegal as no opportunity of hearing Digitally signed by RAVI SHANKAR SHRIVASTAVA Date: 29/08/2019 11:41:59 2 WP-17677-2019 has been given to the petitioner before cancelling his order of appointment.
Considering the aforesaid, till next date of hearing, the effect and operation of the impugned order shall remain stayed.
Learned Additional Advocate General is granted three days time to file reply.
List the matter on 04.09.2019.
C.C. today.
(NANDITA DUBEY) JUDGE rss Digitally signed by RAVI SHANKAR SHRIVASTAVA Date: 29/08/2019 11:41:59