Madhya Pradesh High Court
Santosh Kumar Ahirwar (Ahirwal) vs The State Of Madhya Pradesh on 14 May, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-10870-2018
(SANTOSH KUMAR AHIRWAR (AHIRWAL) Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 14-05-2018
Shri Praveen Dubey, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Govt. Advocate for the respondents/State.
Heard on admission.
Issue notice to the respondents on payment of process fee within seven days, failing which this petition shall stand dismissed without further reference to the Court.
Parties are also heard on the question of interim relief.
sh Learned counsel for the petitioner submits that the General Administration Committee by resolution dated 17.11.2017 decided to regularize the petitioner on the e ad post of Assistant Grade III. Learned Collector accepted that resolution and by order dated 08.02.2018 directed the petitioner to be regularized on the post of Assistant Pr Grade III. In the result, the petitioner resigned from his erstwhile employment in order a to join the post of Assistant Grade III. The impugned order as per Shri Praveen Dubey hy has come as a bolt from blue to the petitioner whereby the order dated 08.02.2018 of ad learned Collector has been cancelled.
It is submitted that the impugned order entails civil consequence but such an M adverse order was passed without affording opportunity to the petitioner. The of impugned order, if giving effect to, put the petitioner in a position as if he is at no man's land because his present employment is decided to be taken away and the rt petitioner has resigned from his erstwhile employment.
ou Shri Rajesh Tiwari, learned Govt. Advocate supported the impugned order. He C submits that the reasons assigned in the impugned order are justifiable on the strength of which the order dated 08.02.2018 is cancelled.
h ig Prima facie, it appears that before passing the adverse order of this nature, which H takes away the employment of the petitioner, no opportunity of any nature was given to the petitioner. Thus prima facie the impugned order is contrary to the principles of natural justice.
Considering the aforesaid, subject to hearing the other side, the effect and operation of the order dated 28.04.2018 (Annexure-P1 & P/2) shall remain stayed.
Notice be made returnable in the 1st week of July, 2018. C.C. as per rules.
(SUJOY PAUL) JUDGE Biswal Digitally signed by SHIBA NARAYAN BISWAL Date: 2018.05.14 14:42:49 +05'30' sh e ad Pr a hy ad M of rt ou C h ig H