Madhya Pradesh High Court
Mahendra Kumar Navaiya vs The State Of Madhya Pradesh on 31 July, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 31 st OF JULY, 2023
WRIT PETITION No. 30294 of 2022
BETWEEN:-
MAHENDRA KUMAR NAVAIYA S/O SHRI KISHANLAL
NAVAIYA, AGED ABOUT 60 YEARS, OCCUPATION:
PUBLIC SERVANT G-5 NEAR MADHAV UDYAN VIDISHA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI PAVAN DWIVEDI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
2. COMMISSIONER ECONOMIC AND STATISTICAL
DEPARTMENT C-WING VINDHYACHAL BHAWAN
BHOPAL (MADHYA PRADESH)
3. COMMISSIONER BHOPAL DIVISION BHOPAL M.P.
BHOPAL M.P. (MADHYA PRADESH)
4. COLLECTOR DISTRICT VIDISHA M.P. DISTRICT
VIDISHA M.P. (MADHYA PRADESH)
.....RESPONDENTS
(SHRI G.K. AGRAWAL - GOVERNMENT ADVOCATE FOR THE STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition under Article 226/227 of the Constitution of India has been filed by the petitioner against order dated 06.12.2022 passed by respondent No.3; whereby, the petitioner has been suspended on alleged delay Signature Not Verified Signed by: PAWAN KUMAR Signing time: 02-08-2023 10:46:31 AM 2 in execution of works relating to development as per the recommendations of local Member of Parliament and MLA.
At the very outset, counsel for the petitioner while placing reliance in the matter of Dr. G.C. Chourasiya vs. State of M.P. & Ors. passed in Writ Petition No.29521 of 2022 decided on 06.07.2023, submitted that in similar set of facts while considering the various judgments passed by the Apex Court as well as by this Court, the impugned order of suspension therein was set aside and the parties therein were directed to take endeavors to conclude the departmental inquiry at the earliest if not concluded already.
Learned counsel for the petitioner has specifically placed reliance in paragraphs No.18, 19, 20, 21 and 26 of Dr. G. C. Chourasiya (supra) case and submitted that in the said case also suspension of the petitioner therein was on the basis of some declaration made by the Chief Minister in a public meeting and herein also from bare perusal of order impugned, it would be reflected that on the recommendations made by local MLA as well as the Member of Parliament, the act of the petitioner has been held to be of misconduct as provided under Section 3 of Madhya Pradesh Civil Services (Conduct) Rules, 1965 (for short ''Rules of 1965''), therefore, the said impugned order deserves to be set aside.
It was further contended that the aspect of an alternate efficacious remedy has also been considered by Coordinate Bench of this Court in the matter of Dr. G.C. Chourasiya (supra) and on that count also, the present petition is required to be entertained and deserves to be allowed.
Per contra, Shri G.K. Agrawal - Government Advocate for the respondents/State while placing reliance in the matter of Sailesh Awasthi vs. Signature Not Verified State of M.P. & Ors. passed in Writ Petition No.173 of 2023 decided on Signed by: PAWAN KUMAR Signing time: 02-08-2023 10:46:31 AM 3 05.01.2023 contended that this Court in that matter, the facts of which were akin to present case, had dismissed the Writ Petition holding that since there was an availability of alternative remedy of statutory appeal against the impugned order of suspension as per Rule 23 of the MPCCA Rules, 1966, the petition was not maintainable and herein also, since the order of suspension which is under challenge, the petitioner have an alternative efficacious remedy available to him, the present petition is not maintainable.
After hearing the rival contentions, this Court finds that reliance placed by State Counsel in the matter of Sailesh Awasthi (supra) particularly in para 9 is misplaced. The crux of the order which was impugned therein has been narrated in Para 9 of the said order which is quoted hereinbelow:-
"9. Firstly, from bare perusal of the impugned order, there is no reflection of the fact that it was passed on a declaration for suspending the Petitioner, by the Chief Minister from a public platform in a meeting of the same date, rather from the order it reflects that due to dereliction of the Petitioner from his duties the Municipal Council, Shivpuri, had not achieved the targets in number of scheme like Pradhanmantri Avas Yojna, Swanidhi Yojna, C.M. Helpline, including schemes for recovery of revenue and Cleanliness survey, which had led the Municipal Council, Shivpuri on the last footboard and only on the recommendations of the Collector and Joint Director, Urban Administration and Development, the impugned order of suspension was passed. Against the order of suspension admittedly there is a statutory remedy of appeal available to the Petition and in absence of the any allegations as levelled by the Petitioner, this Court holds that it is an efficacious remedy."
In the aforesaid factual matrix, this Court in the said matter has concluded that since there was an availability of alternative remedy of statutory appeal against the impugned order of suspension, the writ petition was not maintainable.
Signature Not Verified Signed by: PAWAN KUMAR Signing time: 02-08-2023 10:46:31 AM 4The factual scenario of the present matter is all together different. From bare perusal of order impugned herein, it could be reflected that on a complaint made by the Member of Parliament and local MLA, the Commissioner has passed the order of suspension holding it to be a misconduct as per Rules 3 of the Rules of 1965. From the impugned order, it does reflect that suspension of the petitioner has been issued on some genuine grounds of misconduct but it was issued only upon some complaints of the public representatives, therefore, the judgement passed by the Coordinate Bench of this Court in the matter of Dr. G.C. Chourasiya (supra) which according to this Court is based on similar facts, is applicable here and this Court does not find any reason to depart from the findings arrived at therein.
Accordingly, the present petition is also allowed in the terms of the order passed in the matter of Dr. G.C. Chourasiya (supra). The order impugned dated 06.12.2022 is hereby set aside.
If any departmental inquiry has been initiated against the present petitioner, the respondents are free to proceed with that in accordance with law.
With the aforesaid observation, the petition is allowed and disposed off finally.
(MILIND RAMESH PHADKE) JUDGE pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 02-08-2023 10:46:31 AM