Satish Kumar Dubey vs The State Of Madhya Pradesh on 29 September, 2023

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Madhya Pradesh High Court

Satish Kumar Dubey vs The State Of Madhya Pradesh on 29 September, 2023

Bench: Vijay Kumar Shukla

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 29 th OF SEPTEMBER, 2023
                                             WRIT PETITION No. 24409 of 2023

                           BETWEEN:-
                           SATISH KUMAR DUBEY S/O LATE SHRI MOHAN LAL
                           DUBEY, AGED ABOUT 43 YEARS, OCCUPATION:
                           SERVICE PRIMARY TEACHER AT PRIMARY SCHOOL
                           CHANDPURA NEAR PS GANJ SCHOOL, PARAYAN
                           CHOCK, DISTT. RAJGARH (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (SHRI AKHILESH KUMAR SAXENA - COUNSEL FOR THE PETITIONER .

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 SCHOOL   EDUCATION   VALLABH   BHAWAN
                                 MANTRALAYA, BHOPAL (MADHYA PRADESH)

                           2.    COLLECTOR , COLLECTOR OFFICE, RAJGARH
                                 (MADHYA PRADESH)

                           3.    DISTRICT   EDUCATION           OFFICER RAJGARH
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI TARUN PAGARE - G.A. FOR STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

The petitioner has challenged the legality and validity of the order of punishment dated 18.11.2022 whereby the petitioner has been punished with stoppage of one annual increment with non-cumulative effect without conducting any enquiry as per Rule 16 of M.P. Civil Services (Classification, Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 29-09-2023 17:33:28 2 Control and Appeal) Rules, 1966.

2. Counsel for the State submits that petition has been filed without availing the alternative and efficacious remedy of statutory appeal.

3. After hearing learned counsel for the parties and taking into consideration that authority has passed the order of punishment without following the statutory provisions of section 16 of Rules, 1966, the objection of the counsel for State regarding availability of alternative remedy is rejected because there is no absolute bar for this Court to exercise jurisdiction under Article 226 of the Constitution of India when the impugned order is blatantly illegal and arbitrary. Upon perusal of the impugned order, it is evident that procedure prescribed under Rule 16 of Rules 1966 has not been followed. In view of aforesaid, the impugned order of punishment dated 18.11.2022 is quashed. Liberty is granted to competent authority to pass fresh order in accordance with the procedure prescribed under Rule 16 of Rules, 1966.

With the aforesaid, the petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 29-09-2023 17:33:28

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