Madhya Pradesh High Court
Hari Om Gautam vs Shri Arun Pandey on 5 February, 2018
THE HIGH COURT OF MADHYA PRADESH
1
Conc No. 187/2017
(Hari Om Gautam Vs Arun Pandey & others)
Gwalior, Dated : 05/02/2018
Shri Jitendra Sharma and Shri D.P.S. Bhadoriya,
learned counsel for the petitioners.
Shri Samdarshi Tiwari, learned Additional Advocate
General alongwith Shri Ankit Agarwal, learned
Government Advocate and Shri B.K. Sharma, learned
Government Advocate for the respondents/State.
Shri R.D. Jain, learned senior counsel alongwith Shri Sangam Jain, learned counsel for the respondents.
Respondent No.1 Shri Arun Pandey, Principal Secretary Department of Revenue Government of M.P., Vallabh Bhawan, Bhopal is personally present.
The case is taken up for consideration of IA No. 635/2018, an application for recalling the order dated 18/01/2018 passed by this Court.
Learned counsel for the rival parties are heard on the said IA.
Learned counsel for respondent No.1 alongwith the said IA has filed order dated 02/02/2018 by which the State has withdrawn its earlier order dated 15/12/2017 vide Annexure C-4 filed alongwith compliance report filed on 18/01/2018 by which direction was passed for taking appropriate legal/criminal action against the candidates based upon findings rendered by the Commissioner, Chambal Division, Gwalior after holding a fact finding enquiry in deference of order dated 23/07/2009 in bunch THE HIGH COURT OF MADHYA PRADESH 2 Conc No. 187/2017 (Hari Om Gautam Vs Arun Pandey & others) of WAs including WA No. 720/2007.
Learned counsel for the petitioners have vehemently argued that by the recently passed order dated 02/02/2018 respondents have withdrawn the order dated (Annexure C-4) by which action is proposed to be taken against the candidates, but the respondents have not withdrawn the other order of the same i.e. 15/12/2017 (Annexure C-3) by which the then Collector was held responsible for the irregularities and the selection process held in 2005- 06 for filling up vacancies in the cadre of Patwari was canceled. It is submitted by learned counsel for the petitioners that contempt continues to be made out since cancellation of the said selection examination amounts to breach of the order of Division Bench of this Court dated 23/07/2009 which has received the same stamp of approval of the Apex Court vide order dated 14/11/2014 (vide Annexure P-3) dismissing the SLP filed by State.
Having heard learned counsel for the parties, this Court is of the considered view that the recently passed order dated 02/02/2018 merely cancels order (Annexure C-4) by which direction was given to take action against the candidates and does not relate to order (Annexure C-3), which fact is not denied by the respondents.
However, a bare perusal of the order dated 18/01/2018 passed by this Court clearly reflects that THE HIGH COURT OF MADHYA PRADESH 3 Conc No. 187/2017 (Hari Om Gautam Vs Arun Pandey & others) Court had come to the prima-facie finding that respondent No.1 had committed contempt on the ground that despite mere suspicion raised against the candidates of their involvement, the State functionaries had decided to take action against them without first arriving at a prima-facie finding of involvement of the candidates.
It is further evident that order dated 18/01/2018 is exclusively relatable to Annexure C-4 and not to Annexure C-3.
The prima-facie finding of respondents having committed contempt has nothing to do with the cause of cancellation of the selection examination which is still open for the petitioner to argue in the present contempt petition.
However, considering the fact that respondents have shown bonafide by passing the order dated 02/02/2018 recalling the order dated 15/12/2017 (Annexure C-4), this Court for the time being refrains from taking any coercive steps against the respondents.
The order dated 18/01/2018 passed by this Court is accordingly withdrawn.
List this matter in the week commencing 19/02/2018 to be heard on the question Annexure C-3 being contemptuous or not ?
Presence of Respondent No.1 Shri Arun Pandey, THE HIGH COURT OF MADHYA PRADESH 4 Conc No. 187/2017 (Hari Om Gautam Vs Arun Pandey & others) Principal Secretary Department of Revenue Government of M.P., Vallabh Bhawan, Bhopal for the time being is exempted.
(Sheel Nagu) (S.A.Dharmadhikari)
Judge Judge
Prachi
PRACHI MISHRA
2018.02.07 15:10:57 +05'30'