Madhya Pradesh High Court
Mahinder Singh Kanwar vs The State Of Madhya Pradesh on 28 October, 2022
Author: Maninder S Bhatti
Bench: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 24473 of 2022
(MAHINDER SINGH KANWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 28-10-2022
Shri Sanjay Agrawal, learned Senior Advocate assisted by Shri Rahul
Gupta, learned counsel for the petitioner.
Shri Amit Seth, learned Dy. A.G. for the respondent/State.
Petitioner has challenged order dated 26.10.2022 which is contained in Annexure-P/12. Earlier vide order dated 29.09.2022 permission was accorded to the petitioner to attend Mid Career Training Programme (MCTP-II) to be conducted in United Kingdom (UK) for the period commencing from 30.10.2022 to 11.11.2022.
The counsel contends that initially the consents were sought from the petitioner, and other employees who were aspiring to participate in the said training and after obtaining consent of the petitioner, an order dated 28.09.2022 was issued by which the petitioner herein was permitted to participate in (MCTP-II). On the strength of order dated 28.09.2022, the petitioner applied for VISA and the VISA was also issued by United Kingdom which has also been brought on record as Annexure-P/9 which reflects that the VISA has been issued to the petitioner for the period commencing from 18.10.2022 to 18.04.2023.
The counsel contends that though a criminal case was registered against the petitioner which was ultimately ensued a judgment of acquittal which has been brought on record as Annexure-P/4. Assailing the judgment of acquittal, the State preferred an appeal which is pending consideration before the Indore Bench of this Court and the Division Bench of Indore by an interlocutory order Signature Not Verified Signed by: APARNA TIWARI Signing time: 10/28/2022 5:21:26 PM 2 dated 16.09.2022 passed in Criminal Appeal No.1766/2015 has allowed an application moved by the present petitioner seeking permission to apply for passport as well as to travel Abroad to attend MCTP-II.
Therefore, submits that as the said application was allowed by Division Bench vide order dated 16.09.2022, the respondents could not have issued the impugned order dated 26.10.2022 inasmuch as on the strength of the interlocutory order passed by the Division Bench in Criminal Appeal No.1766/2015, the petitioner took steps to procure the passport and VISA etc. which have also been issued to the petitioner and the petitioner is required to board the flight day after tomorrow. Therefore, submits that the operation of the impugned order dated 26.10.2022 contained in Annexure-P/12, be Stayed and the petitioner be permitted to attend MCTP-II.
Per contra, the State submits that the impugned order dated 26.10.2022 was issued in view of the fact that against the petitioner, not only disciplinary proceedings but also a criminal case was pending. The counsel contends that even a criminal case is pending against the petitioner in State of Chhattisgarh.
Shri Seth also submits that as per his instructions, the petitioner is likely to abscond and the apprehension of the employer is that the petitioner may not return from Abroad and, therefore, has opposed the prayer for interim relief.
Having considered the rival submissions, a perusal of the impugned order dated 26.10.2022 reflects the reasons which were founded to cancel the earlier order dated 29.09.2022 were that disciplinary proceedings as well as criminal case are pending against the petitioner. The order impugned dated 26.10.2022 does not reflect that the same has been issued on the ground of apprehension that the petitioner may not return back from Abroad.
Moreover, once the interlocutory application moved by the petitioner is Signature Not Verified Signed by: APARNA TIWARI Signing time: 10/28/2022 5:21:26 PM 3 allowed by the Indore Bench of this Court vide order dated 16.09.2022 passed in Criminal Appeal No.1766/2015, there is no impediment as regards, the petitioner claim to attend the MCTP-II. It is not a case of the State that the State has made any effort to seek recalling of order dated 16.09.2022 passed in Criminal Appeal No.1766/2015 by Indore Bench of this Court.
As the Indore Bench has already taken into consideration the grievance of the petitioner, pertaining to participation of the petitioner in aforesaid MCTP-II, operation of impugned order dated 26.10.2022 contained in Annexure-P/12 so far as it relates to petitioner is stayed. The petitioner is permitted to participate in MCTP-II in terms of the order dated 16.09.2022 passed by Indore Bench in Criminal Appeal No.1766/2015.
List this case in the week commencing 21.11.2022.
C.C. today.
(MANINDER S BHATTI) JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 10/28/2022 5:21:26 PM