Supreme Court - Daily Orders
The State Of Madhya Pradesh vs Sudarshan Kumar Soni on 23 April, 2019
Bench: Arun Mishra, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4243 OF 2019
[@ SPECIAL LEAVE PETITION (C) NO. 12660 OF 2018]
THE STATE OF MADHYA PRADESH & ORS. Appellant(s)
VERSUS
SUDARSHAN KUMAR SONI Respondent(s)
O R D E R
1. Leave granted.
2. After hearing the learned counsel for the parties, in our considered opinion, the High Court could not have decided the grading by itself. The High Court has exceeded its jurisdiction while passing the impugned Judgment and Order. As a matter of fact, the High Court should have relegated the matter to the concerned authority. Thus, we set aside the order passed by the High Court and request the concerned authority to consider the representation of the respondent and to decide the matter by passing a reasoned order in accordance with law and to award a proper grading to the respondent as per his entitlement.
3. Let the representation be filed within four weeks. The concerned authority is requested to Signature Not Verified decide the representation within six weeks thereafter Digitally signed by JAYANT KUMAR ARORA Date: 2019.04.30 16:57:24 IST Reason: by passing a reasoned order.
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4. The appeal is allowed to the aforesaid extent.
.......................J. [ ARUN MISHRA ] .......................J. [ NAVIN SINHA ] New Delhi;
April 23, 2019.
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ITEM NO.13 COURT NO.4 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 12660 of 2018 (Arising out of the impugned Judgment and final order dated 23.02.2017 in Writ Appeal No. 589 of 2016 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur) THE STATE OF MADHYA PRADESH & ORS. Appellant(s) VERSUS SUDARSHAN KUMAR SONI Respondent(s) (IA 60743/2018, 60745/2018) Date : 23-04-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Mr. Varun K. Chopra, Adv.
Mr. Gurtejpal Singh, Adv.
Ms. Sanchita Kumar, Av.
Mr. Rahul Kaushik, AOR For Respondent(s) Mr. T. G. Narayanan Nair, AOR Mr. Sameer Chile, Adv.
Mr. Munish Saini, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed to the extent indicated in the signed order.
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
(Signed order is placed on the file)