Madhya Pradesh High Court
Rohit Tiwari vs The State Of Madhya Pradesh on 19 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:39209
1 WP-31633-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 19th OF AUGUST, 2025
WRIT PETITION No. 31633 of 2023
ROHIT TIWARI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Arvind Kumar Pathak - Advocate for the petitioners.
Shri Deepak Sahu - Panel Lawyer for the respondents / State.
Shri Bharat Deep Singh Bedi - Advocate for respondent No.7.
ORDER
The present petition has been filed challenging the resolution Annexure P-1 whereby the President-in-Council (PIC) of the respondent Municipality has decided to terminate the services of the petitioners and in pursuance to resolution Annexure P-1 dated 11.12.2023, the consequential order dated 22.01.2024 has been passed by the Chief Municipal Officer terminating the services of the petitioners.
2. The brief facts necessary for disposal of the present petition are that the petitioners were working as Fire Engine Driver and Computer Operator respectively in the Municipal Council Kari, District Tikamgarh. During the first wave of Covid-19 pandemic the petitioner No.1 was in- charge of food distribution work for migrant workers within the Municipal area and petitioner No.2 as Store incharge. A huge amount was spent by the Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/20/2025 5:10:53 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:39209 2 WP-31633-2023 Municipality towards distribution of cooked food as well as distribution of sanitation items, sanitizers, uncooked foodstuffs, toiletries, masks etc.
3. After the Covid-19 pandemic first wave was over, complaints were made before the Lokayukta organization that there have been financial irregularities in the matter of distribution of such articles in the Municipal Council area by the then CMO Shri Dilip Kumar Pathak. The petitioner was given a show cause notice vide Annexure R-1 dated 05.09.2023 and internal inquiries were instituted the reports of which are on record with the reply of the respondents No. 1 to 5. It has been found in the preliminary inquiry proceedings at page 14 of the reply of respondents No.1 to 5 that the payments have been made to the suppliers without taking permission of the administrator and that the purchases were made without inviting open bids.
Therefore, citing procedural irregularities in the matter of purchase of the food articles and other items, the then CMO i.e. Dilip Kumar Pathak has been found guilty in the inquiry report at page 14 of the reply so also in the report of the Nayab Tehsildar dated 15.05.2023 at page 16 of the reply.
4. It appears that the Lokayukta had called the concerned authorities of the Municipality so also the Collector, District Tikamgarh to appear before it on 12.12.2023 and intimate the actions being taken against the then Accountant Ramesh Prasad Sahu as well as the petitioners Rohit Tiwari and Pradeep Kumar Khare. This notice issued by the Lokayukta Organization is Annexure R-7 dated 30.10.2023.
5. The P.I.C. passed resolution deciding to remove the petitioner from services on 11.12.2023 which is just one day prior to the date fixed for Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/20/2025 5:10:53 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:39209 3 WP-31633-2023 appearance before the Lokayukta. It is a very surprising state of affairs that there is procedural irregularity in the purchase and the authorities having financial power i.e. the Accountant and the then CMO have only been issued charge sheets whereas the petitioners have been terminated from service with a stigmatic order (Annexure P-10) which is preceded by PIC resolution dated 11.12.2023.
6. It is settled in law that before passing a stigmatic order the authority is required to give proper opportunity of hearing even if the employee is not a regular employee. However, in the present case stigmatic order has been passed levelling allegations of financial irregularities without any inquiry.
7. In the present case once the respondents were conducting one departmental inquiry against the then CMO i.e. Dilip Kumar Patak as evident from Annexure R-6 dated 16.11.2023 which is the charge sheet issued to Dilip Kumar Pathak then without waiting for the outcome of the allegations against the CMO who was the primarily responsible person, or instituting separate or common proceedings against the petitioners, terminating the services of the petitioners does not appear to be a proper course of action by the respondents.
8. It is not in dispute that the then CMO Dilip Kumar Pathak is still in service and he has not been terminated from service and the counsel for the petitioner during the course of argument orally stated that the said Dilip Kumar Pathak is still having charge of Chief Municipal Officer of one Municipal Council.
Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/20/2025 5:10:53 PMNEUTRAL CITATION NO. 2025:MPHC-JBP:39209 4 WP-31633-2023
9. Without commenting on the aforesaid, it is clear that enquiry against Dilip Kumar Pathak was ordered while terminating the services of the petitioners though the basic allegations are against Dilip Kumar Pathak and unless these allegations had been established in inquiry against Dilip Kumar Pathak then taking action against the petitioner could not be said to be appropriate action by the Municipal Council, unless separate enquiry had been conducted against the petitioners, in which they had been given opportunity to rebut the allegations.
10. In view of the aforesaid, the present petition deserves to be and is hereby allowed. The impugned resolution Annexure P-1 and consequential order (Annexure P-10) are set aside. The petitioners shall be taken back in service forthwith. The respondents shall be at liberty to conduct proper enquiry against the petitioner and then take appropriate action. The question of back wages is left open to be decided after the outcome of the fresh enquiry by the appointing authority.
(VIVEK JAIN) JUDGE nks Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/20/2025 5:10:53 PM