Madhya Pradesh High Court
Ajmer Singh Dudwe vs Panchayat And Rural Development ... on 19 October, 2020
Equivalent citations: AIRONLINE 2020 MP 1127
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 WP No.1035/2020, WP No.12062/2020 & WP No.13673/2020
THE HIGH COURT OF MADHYA PRADESH
WP No.1035/2020
Ajmer Singh Dudwe Vs.State of MP & ors.
WP No.12062/2020
Ajmer Singh Dudwe Vs.State of MP & ors.
WP No.13673/2020
Ajmer Singh Dudwe Vs.State of MP & ors.
Indore, Dated: 19/10/2020
Shri A.S.Bahrawat, learned counsel for petitioner.
Shri Amol Shrivastava, learned counsel for
respondents/State.
Shri. Akash Rathi, learned counsel for respondent No.7.
Heard with consent through video conferencing.
ORDER
This order will govern the disposal of WP No.1035/2020, WP No.12062/2020 and WP No.13673/2020 as all these writ petitions challenge the order which have been passed in sequence one after another against the petitioner under similar chain of events.
[2] In WP No.1035/2020 the petitioner has challenged the order dated 7/1/2020 whereby the charge of the SDO, Rural Engineering Services, Sub Division Sardarpur, District Dhar has been taken from the petitioner and given to the respondent No.7. This Court by order dated 14/1/2020 had stayed the impugned order dated 7/1/2020. Thereafter the transfer order dated 18/8/2020 was passed transferring the petitioner from the post of Assistant Engineer, Rural Engineering Services Division, Dhar to Rural Engineering Services Division Barwani and immediately thereafter the petitioner was relieved on 19/8/2020, therefore, petitioner had filed WP No.12062/2020 and this Court by order dated 26/8/2020 had stayed the operation of the transfer order as well as the relieving order. Thereafter the petitioner was placed 2 WP No.1035/2020, WP No.12062/2020 & WP No.13673/2020 under suspension by order dated 8/9/2020, therefore, he has filed WP No.13673/2020.
[3] The case of the petitioner is that he was transferred vide order dated 5/7/2019 from Rural Engineering Services Division, Shajapur to Rural Engineering Services Division, Dhar and had joined at Dhar on 15/7/2019. Thereafter he was posted as SDO, Rural Engineering Services, Sardarpur, District Dhar by order dated 2/8/2019 and had joined at Sardarpur on 5/8/2019. Further case of the petitioner is that earlier respondent No.7 was posted as SDO, Sub Division, Sardarpur and the petitioner has taken the charge of that post from respondent No.7 Rajesh Parmar. Further case of the petitioner is that the substantive post of the respondent No.7 is Sub Engineer and earlier by order dated 25/8/2018 he was transferred from Rural Engineering Services, Sardarpur, District Dhar to Rural Engineering Services Division, Rajgarh but he had managed to remain at Dhar and subsequently by order dated 5/9/2019 the respondent No.7 has been transferred from Rural Engineering Services, Sardarpur, District Dhar to Rural Engineering Services Division Alirajpur, but by order dated 3/10/2019 charge of Assistant Engineer, Janpad Panchayat Sardarpur Division, Dhar has been assigned to respondent No.7. On 7/1/2020 the official respondents had withdrawn the charge of SDO, Rural Engineering Services, Sub Division Sardarpur, District Dhar from the petitioner and handed over to the respondent No.7. Further case of the petitioner is that since the respondent No.7 was already having the charge of Janpad Panchayat, Sardarpur, therefore, he could not be given the charge of SDO, Sub Division of Rural Engineering Services. Hence, the petitioner had filed WP No.1035/2020 and this Court by order dated 14/1/2020 had stayed the operation of the order dated 7/1/2020. Thereafter the respondents had passed the order dated 18/8/2020 transferring the petitioner from the post of 3 WP No.1035/2020, WP No.12062/2020 & WP No.13673/2020 Assistant Engineer, Rural Engineering Services Division Dhar to Rural Engineering Services Division, Barwani and by order dated 19/8/2020 had immediately relieved him for joining at the transferred place. Against these orders petitioner had preferred WP No.12062/2020 and this Court by order dated 26/8/2020 had stayed the operation of the order dated 18/8/2020 and 19/8/2020. After passing of the interim order by this Court, the respondents had passed the order dated 8/9/2020 placing the petitioner under suspension.
[4] Submission of learned counsel for petitioner is that the charge of the SDO has been taken from the petitioner to accommodate the respondent No.7, thereafter the petitioner has been transferred to bypass the order of stay passed by this Court and again to accommodate the respondent No.7 and then on the basis of the report of respondent No.7, the petitioner has been placed under suspension.
[5] Submission of counsel for State is that so far as WP No.1035/2020 and 12062/2020 are concerned, they have become infructuous because the petitioner has subsequently been placed under suspension and against the order of suspension there is a remedy of appeal available. [6] Learned counsel for respondent No.7 had supported the contention of the learned counsel for State.
[7] Having heard the learned counsel for parties and on perusal of the record, it is noticed that so far as the WP No.1035/2020 is concerned, the said writ petition does not survive on account of the subsequent transfer of the petitioner, therefore, WP No.1035/2020 is dismissed as infructuous.
[8] So far as WP No.12062/2020 is concerned, learned counsel for petitioner has fairly stated that the petitioner is ready to go on transfer to Barwani and his main thrust of argument is against the order of suspension. Hence, in view of the said submission 4 WP No.1035/2020, WP No.12062/2020 & WP No.13673/2020 no interference in the transfer order dated 18/8/2020 and relieving order dated 19/8/2020 is required.
[9] At this stage it is also worth noting that the State has filed reply in WP No.1035/2020 enclosing therewith a copy of the order dated 1/9/2020 as Annexure R/1 by which the respondent No.7 Rajesh Parmar has been given the charge of SDO, Rural Engineering Services Sub Division, Badnawar and Incharge Assistant Engineer, Janpad Panchayat Badnawar. Hence, the net result is that either the petitioner nor respondent No.7 as on today is working on the post of Sub Divisional Officer, Rural Engineering Services Sub Division, Sardarpur. The chain of events reflects that there was an attempt on the part of the official respondents to displace the petitioner and place respondent No.7 as Sub Division Officer, Rural Engineering Services, Sardarpur. Hence, in all fairness after the disposal of this petition the official respondents should restrain themselves from posting the respondent No.7 as Sub Divisional Officer, Rural Engineering Services, Sardarpur.
[10] So far as WP No.13673/2020 is concerned, the impugned suspension order dated 8/9/2020 reflects that the petitioner has been suspended by the Commissioner on the basis of the communication dated 27/8/2020 on the allegation that in the enquiry certain irregularities were found in respect of construction of Chapariawala Nisthar Pond in gram panchayat, Moulana, Janpad Panchayat Sardarpur. The record reflects that when the aforesaid dispute was going on between the petitioner and respondent No.7 in respect of posting as SDO, Rural Engineering Services Sardarpur, at that time the respondent No.7 who was posted as SDO, Rural Engineering Services, Sardarpur had submitted the report Annexure P/15 dated 26/8/2020 mentioning about the alleged irregularities by the petitioner. The substantive post of respondent No.7 is not only lower than the post of the 5 WP No.1035/2020, WP No.12062/2020 & WP No.13673/2020 petitioner, but at that time the dispute between the petitioner and respondent No.7 about posting was going on, hence the possibility of giving a biased report by the respondent No.7 cannot be ruled out. The record further reflects that the Executive Engineer, Rural Engineering Services, Dhar vide communication dated 27/8/2020 Annexure P/17 had forwarded the report of the respondent No.7 dated 26/8/2020 to the CEO, District Panchayat, Dhar, District Dhar by making certain observations on the basis of the said report. Thereafter the Collector vide communication dated 27/8/2020 had written to the Commissioner, Indore Division making certain observations against the petitioner on the basis of the report of respondent No.7 for placing the petitioner under suspension and accordingly the impugned suspension order has been passed. The above chain of events clearly reflects that the Executive Engineer, Rural Engineering Services, Dhar, Collector and the Commissioner have acted upon the report of the respondent No.7 and on that basis have placed the petitioner under suspension. No independent material has been gathered in this process by these authorities and the authorities have also failed to consider the possibility of submitting the bias report by the respondent No.7.
[11] In the aforesaid circumstances, I am of the opinion that the suspension of the petitioner on the basis of the report of the respondent No.7 is not justified and is accordingly set aside by making it clear that this order will not come in the way of the competent authority in passing a fresh order on the basis of the material other than the report of the respondent No.7. [12] Hence, WP No.1035/2020 and 10262/2020 are dismissed and WP No.13673/2020 is allowed.
[13] The signed order be placed in the record WP No.1035/2020 & a copy whereof be placed in the record of connected WP No.12062/2020 & WP No.13673/2020.
6 WP No.1035/2020, WP No.12062/2020 & WP No.13673/2020 c.c as per rules.
(Prakash Shrivastava) Judge vm Varghese Mathew 2020.10.21 18:08:09 +05'30'