Madhya Pradesh High Court
Premdas Saket. vs The State Of Madhya Pradesh on 21 February, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
W.P.No.14167/2021
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 21st OF FEBRUARY, 2022
WRIT PETITION No. 14167 of 2021
Between:-
PREMDAS SAKET. S/O SHRI BARAMDEEN
SAKET , AGED ABOUT 51 YEARS, OCCUPATION:
SECRETARY GRAMPANCHYAT KHAMH JANPAD
PANCHAYAT SIDHI R/O SECTETARY GRAM
PANCHAYAT KHAMH. JANPAD
PANCHAYATSIDHI MP DISTT. (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI UPENDRA KUMAR TRIPATHI, LEARNED COUNSEL FOR
THE PETITIONER )
AND
THE STATE OF MADHYA PRADESH THR.
PANCHAYAT DEPARTMENT VALLABH BHAWAN
1.
BHOPAL (MADHYA PRADESH)
COLLECTOR SIDHI DISTT. SIDHI (MADHYA
2. PRADESH)
JILA PANCHAYAT SIDHI THROUGH CHIEF
EXECUTIVE OFFICER DISTT. SIDHI (MADHYA
3.
PRADESH)
JANPAD PANCHAYAT, SIDHI THROUGH CHIEF
EXECUTIVE OFFICR DISTT. SIDHI (MADHYA
4.
PRADESH)
.....RESPONDENTS
(BY SHRI SIDDHARTH SHARMA, LEARNED PANEL LAWYER, FOR
THE RESPONDENTS/STATE )
This petition coming on for admission as well as on interim
relief this day, the court passed the following:
ORDER
W.P.No.14167/2021 2 The present petition has been filed under Article 226 of the Constitution of India seeking following reliefs:
"i) To direct the respondent No.3 to decide the application of the petitioner and revoke the suspension order dated 05.09.2020 and reinstate him on the post of secretary of the Gram Panchayat-Khamh, Janapad Panchayat-Sidhi, District-Sidhi (M.P.) in the light of proposal and recommendation dated 26.09.2020 of the respondent No.4 within stipulated time period.
ii) To direct the respondents to complete the proceeding within stipulated time period and take appropriate decision in the matter of the petitioner.
iii) To, call for the entire records from the office of the respondents pertaining to the subject matter of the petition for proper adjudication of the case.
iv) Any other relief which deems fit and proper looking to facts and circumstances of the case may also be awarded in favour of the petitioner with cost of the petition"
Learned counsel for the petitioner submits that owing to non completion of the work assigned to the petitioner as well as continuous disobedience of the order, he was suspended vide order dated 05.09.2020 and thereafter charge sheet was served to him on 11.11.2020. Thereafter, the suspension order has not been revised/revoked as stated in the petition. Learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the case of Ajay Kumar Choudhary vs. Union of India and others reported in 2015 (7) SCC 291 wherein it has been observed that suspension cannot be continued for an inordinate period. In such circumstances, keeping the petitioner under suspension indefinite period is illegal. Therefore, learned counsel for the petitioner seeks direction to the respondents/Authorities to pass orders/review the order of suspension of the petitioner.
On the other hand, learned counsel for the State submitted that petitioner is having an alternate remedy to file appeal before the W.P.No.14167/2021 3 Appellate Authority, however, he submitted that in case any representation which may be filed by the petitioner, the same shall be considered and decided expeditiously.
Considering the totality of the facts and circumstances of the case as well as the dectum of the Apex Court in the case of Ajay Kumar Choudhary (supra) petitioner is directed to file a fresh representation before the respondents/Appellate Authority within seven days from today. If such a representation is filed within the aforesaid period, the Competent Authority is directed to decide the same as expeditiously as possible by passing a reasoned and speaking order and the same shall be communicated to the petitioner forthwith.
It is made clear that this Court has not expressed any opinion on the merit of this case.
With the aforesaid, this writ petition stands disposed of.
(S.A.DHARMADHIKAHRI) JUDGE DPS Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.02.22 16:29:41 +05'30'