Madhya Pradesh High Court
Iqurar Hussain vs The State Of Madhya Pradesh on 30 January, 2026
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2026:MPHC-IND:2957
1 WP-19720-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 30th OF JANUARY, 2026
WRIT PETITION No. 19720 of 2024
IQURAR HUSSAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manoj Manav - Advocate for petitioner.
Shri Rajwardhan Gawde - Govt. Advocate for respondents-State.
ORDER
Petitioner has filed this writ petition under Article 226 of Constitution of India challenging impugned order dated 08.07.2024 by which petitioner's services were terminated as 3rd child was borne to petitioner after the year 2001.
2. Counsel appearing for petitioner submitted that case of the petitioner is covered by Division Bench Judgment dated 07.08.2019 passed in case of Basant Kumar Gupta Vs. State of MP & Ors. - W.P.No.11740/2018 . Counsel appearing for petitioner submitted that in said case, finding of departmental enquiry regarding 3rd child borne after 2001 was maintained but since penalty was not found to be in proportion to misconduct therefore it was ordered that penalty of censure be imposed. It is submitted that case of the petitioner may be treated similarly.
3. Govt. Advocate appearing of the State prays for some more time to Signature Not Verified Signed by: NEETI TIWARI Signing time: 02-02-2026 10:51:05 NEUTRAL CITATION NO. 2026:MPHC-IND:2957 2 WP-19720-2024 file additional reply in the case after perusing the judgment passed in the case of Basant Kumar Gupta (supra) .
4. At this stage, counsel appearing for petitioner makes a prayer for allowing his application-I.A.No.5564/2025. It is submitted that stay has been granted in this petition, therefore, petitioner has been reinstated but he is still under suspension. It is submitted that no purpose will be served in keeping him under suspension. He is not in position to interpolate or influence departmental enquiry. Facts are already settled in said case. In these circumstances, suspension order may be revoked.
5. Govt. Advocate prays for short time to seek instructions in regard.
6. Four weeks' time is granted for said purpose.
7. List this matter in week commencing from 04.03.2026 for further consideration of I.A.No.5564/2025 and filing of additional reply.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 02-02-2026 10:51:05