The State Of Madhya Pradesh vs Santosh Yadav on 29 September, 2022

[Cites 3, Cited by 26]

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Santosh Yadav on 29 September, 2022

Author: Chief Justice

Bench: Ravi Malimath, Sheel Nagu, Vishal Mishra

                                  1



      IN THE HIGH COURT OF MADHYA PRADESH
                   AT JABALPUR
                             BEFORE
           HON'BLE SHRI JUSTICE RAVI MALIMATH,
                      CHIEF JUSTICE
                                  &
             HON'BLE SHRI JUSTICE SHEEL NAGU
                            &
            HON'BLE SHRI JUSTICE VISHAL MISHRA


                   WRIT APPEAL No. 364 of 2021

 BETWEEN:-
 1.     THE STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY HOME POLICE DEPARTMENT
        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

 2.     DIRECTOR  GENERAL    OF   POLICE,  POLICE
        HEADQUARTERS BHOPAL (MADHYA PRADESH)

 3.     ADDITIONAL DIRECTOR GENERAL OF POLICE,
        POLICE            SPECIAL        BRANCH
        (SELECTION/RECRUITMENT)   DISTT. BHOPAL
        (MADHYA PRADESH)

 4.     DEPUTY INSPECTOR GENERAL OF POLICE, POLICE
        HEADQUARTERS BHOPAL (MADHYA PRADESH)

 5.     SUPERINTENDENT    OF     POLICE,    POLICE
        HEADQUARTERS, DEWAS (MADHYA PRADESH)

                                                   .....APPELLANTS
 (BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

 AND
1.      HARISH   SOLANKI   S/O   NAHAR   SINGH   SOLANKI
                               2

      OCCUPATION: SUB INSPECTOR 83 GOMATI NAGAR
      DEWAS DISTT. DEWAS (MADHYA PRADESH)

2.    DIRECTOR    C.B.I.,  CENTRAL     BUREAU      OF
      INVESTIGATION, NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
ADITYA VEER SINGH AND SHRI ABHISHEK ARJARIA -
ADVOCATE FOR RESPONDENT NO.1)

                WRIT APPEAL No. 321 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY HOME POLICE DEPARTMENT
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF    POLICE,   POLICE
      HEADQUARTERS, JAHAGIRABAD, BHOPAL, (MADHYA
      PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE SPECAL
      BRANCH (SELECTION /RECRUITMENT) DISTT. BHOPAL
      (MADHYA PRADESH)

4.    INSPECTOR  GENERAL      OF    POLICE, POLICE
      HEADQUARTERS ZONE,     DISTT. SATNA (MADHYA
      PRADESH)

5.    SUPERINTENDENT      OF      POLICE,   POLICE
      HEADQUARTERS, DISTT. SATNA (MADHYA PRADESH)

                                                .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    BHUPENDRA MANI PANDEY S/O SHRI CHUNA MANI
      PANDEY OCCUPATION: SUB INSPECTOR CITY
      KOTWALI SATNA Q. NO. 7 SHANTI NAGAR POLICE
      COLONY KATNI DISTT. KATNI (MADHYA PRADESH)
                               3

2.    SHRI K.N. TIWARI, THE THEN ADDISTION DIRECTOR
      GENERAL DIRECTOR GENERAL SAF, CHAYAN
      BHAWAN DISTT. BHOPAL (MADHYA PRADESH)

3.    PRINCIPAL SECRETARY SHRI MADHYAV PRASAD
      DVIWEDI INPSECTOR GENERAL AND CHAIRMAN OF
      THE COMMITTEE, VALLABH BHAWAN, BHOPAL
      (MADHYA PRADESH)

4.    DIRECTOR CENTRAL BUREAU OF INVESTIGATION
      C.B.I. NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI SANKALP KOCHAR - ADVOCATE FOR RESPONDENT NO.1)

                WRIT APPEAL No. 341 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY HOME POLICE DEPARTMENT
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR   GENERAL    OF POLICE, POLICE
      HEADQUARTERS JAHAGIRABAD BHOPAL DISTT.
      BHOPAL (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL BRANCH (SELECTION / RECRUITMENT) DIST.
      BHOPAL (MADHYA PRADESH)

4.    INSPECTOR GENERAL OF POLICE, POLICE HEAD
      QUARTERS ZONE DISTT. SATNA (MADHYA PRADESH)

5.    SUPERINTENDENT      OF     POLICE,    POLICE
      HEADQUARTERS DISTT. SATNA (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    NEELESH AWASTHI S/O LATE RAMESH AWASTHI, SUB
      INSPECTOR DISTT. POLICE FORCE THROUGH P.S.
                              4

      HEAD QUARTER BHOPAL, AWASTHI PALACE JAI
      PRAKASH NAGAR OPP. POLICE PARED GROUND
      VIDISHA (MADHYA PRADESH)

2.    DIRECTOR CENTRAL BUREAU OF INVESTIGATION,
      NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI SANKALP KOCHAR - ADVOCATE FOR RESPONDENT NO.1)


                WRIT APPEAL No. 342 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY HOME POLICE DEPARTMENT
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR GENERAL OF POLICE, POLICE HEAD
      QURTERS JAHAGIRABAD, DISTT. BHOPAL (MADHYA
      PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL BRANCH (SELECTION/RECRUTMENT) DISTT.
      BHOPAL (MADHYA PRADESH)

4.    INSPECTOR GENERAL OF POLICE, POLICE HEAD
      QUARTERS ZONE DISTT. SATNA (MADHYA PRADESH)

5.    SUPERINTENDENT OF POLICE, POLICE HEAD
      QUARTERS DISTT. SANTA (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE )

AND
1.    KAPOOR TRIPATHI S/O SHRI MAHENDRA TRIPATHI
      OCCUPATION:    PRESENTLY   SUB   INSPECTOR
      KOLGAWAN DISTT. SATNA VILL. KOSHTA POST
      RATEHARA DISTT. REWA (MADHYA PRADESH)

2.    DIRECTOR CENTRAL BUREAU OF INVESTIGATION
                               5

      CBI, NEW DELHI

                                               .....RESPONDENTS
(SHRI SANKALP KOCHAR - ADVOCATE FOR RESPONDENT NO.1)


                 WRIT APPEAL No. 345 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH, PRINCIPAL
      SECRETARY HOME, POLICE DEPARTMENT, VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF   POLICE,   POLICE
      HEADQUARTERS JAHAGIRABAD, BHOPAL, (MADHYA
      PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL    BRANCH   (SELECTION/RECRUITMENT)
      DISTT. BHOPAL (MADHYA PRADESH)

4.    INSPECTOR  GENERAL OF    POLICE, POLICE
      HEADQUARTERS ZONE DISTT. SATNA (MADHYA
      PRADESH)

5.    SUPERINTENDENT     OF      POLICE,    POLICE
      HEADQUARTERS, DISTT. SATNA (MADHYA PRADESH)

                                                .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    NARESH BEHRA S/O SHRI ATMA RAM BEHRA
      OCCUPATION: SUB INSPECTOR THANA NARYAVALI
      DISTT. SAGAR HOUSE NO. 392 BEHIND TELEPHONE
      EXCHANGE OFFICE NANAKNAGAR MANEGAON
      RANJHI DISTT. JABALPUR (MADHYA PRADESH)

2.    DIRECTOR, CENTRAL BUREAU OF INVESTIGATION,
      NEW DELHI (DELHI)


                                               .....RESPONDENTS
                              6

                WRIT APPEAL No. 346 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH, PRINCIPAL
      SECRETARY HOME POLICE DEPARTMENT VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR   GENERAL    OF  POLICE,    POLICE
      HEADQUARTERS,   JAHAGIRABAD,  DISTT.BHOPAL
      (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE,
      SPECIAL BRANCH (SELECTION/ RECRUITMENT)
      DISTT.BHOPAL (MADHYA PRADESH)

4.    INSPECTOR  GENREAL    OF   POLICE,      POLICE
      HEADQUARTERS ZONE DISTT.SATNA (M.P.)

5.    SUPERINTENDENT     OF     POLICE,   POLICE
      HEADQUARTERS DISTT.SATNA (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    RAHUL PANDEY S/O SHRI N.K. PANDEY OCCUPATION:
      SUBEDAR POLICE LINE MANDLA NEW SHOBHAPUR
      COLONY VFJ DISTT. JABALPUR (MADHYA PRADESH)

2.    DIRECTOR CENTRAL BUREAU OF INVESTIGATION CBI
      NEW DELHI NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI AKSHAY KHANDELWAL - ADVOCATE & OTHERS- ABSENT )


                WRIT APPEAL No. 365 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL
      (M.P.)
                               7

2.    DIRECTOR GENERAL OF POLICE, BHOPAL DISTT.
      BHOPAL, (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      BHOPAL DISTT. BHOPAL (MADHYA PRADESH)

4.    DY. INSPECTOR GENERAL OF POLICE (SELECTION)
      BHOPAL (MADHYA PRADESH)

                                              .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
BIRENDRA KUMRE S/O LATE SHRI RADHEY LAL SERVICE
P.S. TRAFFIC DISTT. GWALIOR (MADHYA PRADESH)

                                              .....RESPONDENT
(SHRI BRIJESH KUMAR CHOUBEY - ADVOCATE & OTHERS- ABSENT )

                WRIT APPEAL No. 366 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH ITS PRINCIPAL
      SECRETARY  HOME   DEPTT,  (POLICE),VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF   POLICE,  POLICE
      HEADQUARTERS JAHANGIRABAD BHOPAL (MADHYA
      PRADESH)

3.    ADD. DIRECTOR GENERAL OF POLICE SPECIAL
      BRANCH    (SELECTION/RECRUITMENT)   POLICE
      HEADQUARTERS BHOPAL (MADHYA PRADESH)

4.    DEPUTY INSEPCTOR GENERAL OF POLICE, POLICE
      HEADQUARTERS BHOPAL (MADHYA PRADESH)

5.    SUPERINTENDENT    OF     POLICE,    POLICE
      HEADQUARTERS SAGAR (MADHYA PRADESH)

                                              .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)
                               8


AND
1.    DHAN SINGH NALWAYA S/O SHRI CHANDU NALWAYA
      OCCUPATION: SUB INSPECTOR (DISTRICT POLICE
      FORCE SAGAR) POLICE LINE SAGAR DISTT. (MADHYA
      PRADESH)

2.    DIRECTOR    C.B.I   CENTRAL     BUREAU       OF
      INVESTIGATION NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)


                WRIT APPEAL No. 367 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH, ITS PRINCIPAL
      SECRETARY HOME (POLICE) DEPT. VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR   GENERAL OF   POLICE,  POLICE
      HEADQUARTERS JAHANGIRABAD DISTT.BHOPAL
      (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENREAL OF POLICE
      SPECIAL BRANCH (SELECTION/ RECRUITMENT)
      DISTT.BHOPAL (MADHYA PRADESH)

4.    DEPUTY INSPECTOR GENERAL OF POLICE, POLICE
      HEADQUARTERS DISTT.BHOPAL (MADHYA PRADESH)

5.    SUPERINTENDENT     OF     POLICE,   POLICE
      HEADQUARTERS DIST.SATNA (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    OMPRAKASH CHONGDE S/O KISHORE SINGH
      CHONGDE OCCUPATION: SUB INSPECTOR (DIST.
      POLICE FORCE ) POLICE LINE SATNA DIST. SATNA
                               9

      (MADHYA PRADESH)

2.    DIRECTOR    C.B.I.  CENTRAL     BUREAU      OF
      INVESTIGATION NEW DELHI (DELHI)

                                              .....RESPONDENTS

(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)


                WRIT APPEAL No. 393 of 2021
BETWEEN:-
1.    STATE OF MADHYA PRADESH, ITS PRINCIPAL
      SECRETARY HOME (POLICE) DEPARTMENT VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF   POLICE,   POLICE
      HEADQUARTERS JAHAGIRABAD, BHOPAL, (MADHYA
      PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL   BRANCH   (SELECTION/RECRUITMENT)
      BHOPAL (MADHYA PRADESH)

                                               .....APPELLANTS

(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    SANJAY KUMAR UIKEY S/O SHRI JAGAN LAL UIKEY
      OCCUPATION: SUB INSPECTOR MUJHAKHAPA POST
      BUNAWAA MULTAI, BETUL (MADHYA PRADESH)

2.    CENTRAL BUREAU OF INVESTIGATION THR. ITS
      DIRECTOR C.B.I., NEW DELHI (DELHI)

                                              .....RESPONDENTS

(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)
                               10

                WRIT APPEAL No. 394 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY MANTRALAYA VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR GENERAL OF POLICE, POLICE HEAD
      QUARTERS JAHANGIRABAD BHOPAL DISTTT. BHOPAL
      (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL BRANCH (SELECTION/ RECRUITMENT)
      POLICE HEADQUARTERS DISTT. BHOPAL (MADHYA
      PRADESH)

4.    INSPECTOR  GENERAL      OF    POLICE, POLICE
      HEADQUARTERS ZONE      DISTT. REWA (MADHYA
      PRADESH)

5.    SUPERINTENDENT OF POLICE HEAD QUARTERS ZONE
      DISTT. REWA (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
KRISHNA KUMAR PANDEY S/O SHRI ANIRUDHA KUMAR
PANDEY OCCUPATION: SUB INSPECTOR SPECIAL BRANCH
REWA (MADHYA PRADESH)

                                              .....RESPONDENT
(BY SHRI ANSHUL TIWARI - ADVOCATE & OTHERS- ABSENT)


                WRIT APPEAL No. 395 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      PRINCIPAL   SECRETARY   HOME      (POLICE)
      DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA
      PRADESH)
                              11

2.    DIRECTOR   GENERAL   OF   POLICE,        POLICE
      HEADQUARTERS,    JAHANGIRABAD,          BHOPAL
      (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL   BRANCH   (SELECTION/RECRUITMENT)
      BHOPAL (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    VIKRAM SINGH BAMNIYA S/O SHRI AMBARAM
      BAMNIYA OCCUPATION: SUB INSPECTOR S.P. OFFICE
      DAMOH DISTT. DAMOH (MADHYA PRADESH)

2.    CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
      DIRECTOR C.B.I NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)


                WRIT APPEAL No. 396 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA         PRADESH THROUGH
      PRINCIPAL   SECRETARY         HOME,   POLICE
      DEPARTMENT    VALLABH       BHAWAN,  BHOPAL
      (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF   POLICE,  POLICE
      HEADQUARTERS JAHANGIRABAD BHOPAL (MADHYA
      PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE,
      POLICE HEADQUARTERS, BHOPAL, DISTT.BHOPAL
      (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
                              12

1.    VIKRAM SINGH CHOUHAN S/O SHRI S.S. CHOUHAN
      OCCUPATION: SUB INJSPECTOR DISTRICT POLICE
      FORCE CHHATARPUR (MADHYA PRADESH)

2.    DIRECTOR CENTRAL BUREAU OF INVESTIGATION
      NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)


                WRIT APPEAL No. 397 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      PRINCIPAL SECRETARY HOME DEPT. VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF   POLICE,  POLICE
      HEADQUARTERS JAHANGIRABAD BHOPAL (MADHYA
      PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      SPECIAL BRANCH (SELECTION/RECRUITMENT) PHQ,
      BHOPAL (MADHYA PRADESH)

4.    DEPUTY INSEPCTOR GENERAL OF POLICE, POLICE
      HEADQUARTERS BHOPAL (MADHYA PRADESH)

5.    SUPERINTENDENT   OF     POLICE,         POLICE
      HEADQUARTERS DISTT. CHHINDWARA        (MADHYA
      PRADESH)

                                               .....APPELLANTS

(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    DHARMENDRA SINGH DHURVEY S/O DEV SINGH
      DHURVEY OCCUPATION: SUB INSPECTOR (DIST.
      POLICE FORCE CHHINDWARA) POLICE LINE
      (OFFICE) CHHINDWARA (MADHYA PRADESH)
                              13

2.    CENTRAL BUREAU OF INVESTIGATION THROUGH
      DIRECTOR CBI NEW DELHI (DELHI)

                                              .....RESPONDENTS
(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)


                WRIT APPEAL No. 421 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH ITS PRINCIPAL
      SECRETARY HOME (POLICE) DEPT. VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR GENERAL POLICE HEADQUARTERS
      JAHAGIRABAD BHOPAL, (MADHYA PRADESH)

3.    ADDITIONAL DERECTOR GENERAL OF POLICE
      SPECIAL    BRANCH    (SELECTION/RECRUITMENT)
      DISTT. BHOPAL, (MADHYA PRADESH)

                                               .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
1.    BALWANT SINGH S/O SHRI GUNARAM TEKAM
      OCCUPATION: SUB INSPECTOR DIST. POLICE FORCE
      BHOPAL (MADHYA PRADESH)

2.    CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
      DIRECTOR CBI NEW DEHLI (DELHI)

                                              .....RESPONDENTS
(SHRI ABHISHEK ARJARIA - ADVOCATE FOR RESPONDENT NO.1)

                WRIT APPEAL No. 422 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THR. PRINCIPAL
      SECRETARY VALLABH BHAWAN BHOPAL (MADHYA
      PRADESH)
                               14

2.    DIRECTOR  GENERAL    OF   POLICE,  POLICE
      HEADQUARTERS MP BHOPAL (MADHYA PRADESH)

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE,
      POLICE HEADQUARTERS MP BHOPAL (MADHYA
      PRADESH)

                                                .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
MISS FAIMIDA KHAN D/O SHRI A.G. KHAN OCCUPATION:
SUB INSPECTOR POLICE STATION SHADORA DIST. ASHOK
NAGAR (MADHYA PRADESH)

                                                .....RESPONDENT
(BY SHRI SANKALP KOCHAR - ADVOCATE)

                 WRIT APPEAL No. 423 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL
      (MADHYA PRADESH)
2.    DIRECTOR  GENERAL     OF        POLICE,   POLICE
      HEADQUARTERS, BHOPAL (M.P.)

3.    ADDITIONAL DIRECTOR GENERAL OF            POLICE
      (SELECTION AND     ADMINISTRATION),       POLICE
      HEADQUARTERS, DISTRICT BHOPAL (M.P.)

                                                .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND

SANTOSH YADAV S/O SHRI OM PRAKASH YADAV OCCUPATION:
SERVICE S.H.O. P.S. UNNAV DIST. DATIA MADHYA PRADESH)

                                                .....RESPONDENT
(BY MS. ANKITA KHARE - ADVOCATE & OTHERS - ABSENT )
                             15

                WRIT APPEAL No. 424 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THR. PRINCIPAL
      SECRETARY DEPARTMENT OF HOME VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    DIRECTOR  GENERAL    OF    POLICE,   POLICE
      HEADQUARTERS JAHANGIRABAD BHOPAL (M.P.)

                                              .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
JITENDRA SINGH MAWAI S/O SHRI RANVEER SINGH MAWAI
OCCUPATION: SERVICE P.S. KOTWALI BHIND (MADHYA
PRADESH)

                                              .....RESPONDENT
(SHRI MANOJ SHARMA - SENIOR ADVOCATE ASSISTED BY
SHRI ABHIRAJ SINGH - ADVOCATE)

                WRIT APPEAL No. 425 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      PRINCIPAL SECRETARY DEPARTMENT OF HOME
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    THE DIRECTOR GENERAL OF POLICE, POLICE
      HEADQUARTERS JAHANGIRABAD BHOPAL (MADHYA
      PRADESH)

                                              .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
DARSHAN SHUKLA S/O SHRI SURENDRA SHUKLA, AGED
ABOUT 33 YEARS, OCCUPATION: S.H.O. POLICE STATION
BAROHI DISTT. BHIND BAROHI (MADHYA PRADESH)

                                              .....RESPONDENT
                                     16

(SHRI MANOJ SHARMA - SENIOR ADVOCATE ASSISTED BY
SHRI ABHIRAJ SINGH - ADVOCATE)

                       WRIT APPEAL No. 428 of 2021
BETWEEN:-
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL
      (MADHYA PRADESH)

2.    DIRECTOR  GENERAL      OF   POLICE,  POLICE
      HEADQUARTERS DISTT. BHOPAL (MADHYA PRADESH)

                                                        .....APPELLANTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT ADVOCATE)

AND
BIJENDRA VERMA S/O SHRI K.R. VERMA OCCUPATION:
SERVICE MEHGAON DISTT. BHIND (MADHYA PRADESH)

                                                        .....RESPONDENT
(SHRI MANOJ SHARMA - SENIOR ADVOCATE ASSISTED
BY SHRI ABHIRAJ SINGH - ADVOCATE)
.........................................................................................................................................................
Reserved on        :       16.09.2022
Pronounced on      :       29.09.2022
.........................................................................................................................................................


      These appeals having been heard and reserved for judgment, coming
on for pronouncement this day, Hon'ble Shri Justice Ravi Malimath,
Chief Justice delivered the following:
                               JUDGMENT

In terms of the order dated 15.09.2021 passed in Writ Appeal No.364 of 2021 (The State of Madhya Pradesh and others vs. Harish Solanki and another) and connected matters, the referral Court has referred the following questions for determination by the Full Bench:

"(i) Whether the judgment passed by the Division Bench in the case of State of M.P. vs. Pushpendra Singh Bhadoriya (supra):

WA-256-2014 is a binding precedent, in absence of non- consideration of the judgment rendered by the Apex Court in Anurag Patel vs. U.P. Public Service Commission and others, (2005) 9 SCC 742, whereby it is categorically held that the appointment to a post has to be done strictly in accordance with merits as per the select list and preference of a person higher in the select list will be seen first and appointment has to be given accordingly?

(ii) Whether the judgment passed by the Gwalior Bench in the case of Pushpendra Singh Bhadoriya (supra) : WA-256-2014 would be an order in per incurium, because of non-consideration of the decision of the Apex Court in the case of Anurag Patel (supra) which was the basis of the order dated 06.08.2013 passed by the Indore Bench in W.P. No.3134 of 2012 (Gokul Prasad Ajameriya vs. State of M.P. and others) and W.P. No.3135 of 2012 (Raneet Singar and others vs. State of M.P. and others)?

(iii) While making appointment from the select list whether merit can be ignored when the appointment to a preferred post has to be made strictly in accordance with merits as per select list and appointment to a person higher in the select list has to be given first appointment on the preferred post and the person lower in the list, will be given thereafter on the least preferred post?"

2. We have heard Shri Bramhadatt Singh, learned Government Advocate for the appellants and Shri K.C. Ghildiyal, learned senior counsel appearing for Shri Aditya Veer Singh, Shri Manoj Sharma, learned senior counsel appearing for Shri Abhiraj Singh, Shri Abhishek Arjaria and Shri Sankalp Kochar, learned counsels for the respective respondents.

3. The first two questions, namely, questions No.(i) and (ii) referred are whether the judgment passed by the Division Bench is a binding precedent or would be an order in per incuriam in the absence of non- consideration of the judgment by the Hon'ble Supreme Court.

4. Law on the questions is well settled by the Hon'ble Supreme Court in a catena of judgments. Irrespective of the various subject matters involved, whether the judgment of the Division Bench is applicable or the judgment of the Hon'ble Supreme Court is applicable is not necessary for us to answer. It is obvious that the judgment of the Hon'ble Supreme Court would act as a precedent and not that of a Division Bench. Therefore, if the Division Bench passes an order without reference to the order of the Hon'ble Supreme Court its necessary consequences are bound to follow. These are questions that the referral Court alone should have answered. It is not a question that the Full Bench alone is required to answer.

5. So far as the third question is concerned, the same can be answered with reference to the facts, the judgments in the referral order and other precedent on that issue. It may not be necessary for the Full Bench to answer the said question.

6. Therefore, the questions referred in Writ Appeal Nos.364, 321, 341, 342, 345, 346, 365, 366, 367, 393, 394, 395, 396, 397, 421, 422, 423, 424, 425 and 428 of 2021 are accordingly answered, as above.

7. The matters are directed to be listed before the appropriate Court for necessary orders in accordance with law.

                                     (RAVI MALIMATH)              (SHEEL NAGU)           (VISHAL MISHRA)
                                       CHIEF JUSTICE                 JUDGE                    JUDGE
                    S/


Digitally signed by SACHIN
CHAUDHARY
Date: 2022.09.30 19:09:35 +05'30'

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