Rakesh Kumar Shakya vs The State Of Madhya Pradesh on 18 August, 2022

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Madhya Pradesh High Court

Rakesh Kumar Shakya vs The State Of Madhya Pradesh on 18 August, 2022

Bench: Milind Ramesh Phadke

                                 1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               BEFORE
             HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                        ON THE 18th OF AUGUST, 2022

                  WRIT PETITION No. 18542 of 2022

        Between:-
        RAKESH KUMAR SHAKYA S/O LATE SHRI
        BADRI PRASAD, AGED ABOUT 50 YEARS,
        OCCUPATION: SERVICE, R/O MS ROAD,
        OPPOSITE SANADHYA DHARMASHALA, JAURA,
        DISTRICT MORENA (MADHYA PRADESH)

                                                             .....PETITIONER
        (BY SHRI PRASHANT SINGH KAURAV - ADVOCATE)

        AND

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

2.      D I R E C T O R , DIRECTORATE OF PUBLIC
        INSTRUCTIONS, GAUTAM NAGAR, SECTOR-B,
        BHOPAL (MADHYA PRADESH)

3.      DISTRICT EDUCATION        OFFICER,    MORENA
        (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (BY SHRI SANJAY SHARMA - GOVERNMENT ADVOCATE FOR THE
        STATE )

      Th is petition coming on for hearing this day, th e court passed the
following:
                                  ORDER

The present writ petition under Article 226 of the Constitution of India has been preferred against the order dated 27/09/2021 which is an order of suspension passed against the petitioner, who was posted as a Middle School Teacher in Government Middle School Kethora, Morena, M.P., Sankul Kendra 2 Government High School Morena Gaun Block Morena, M.P., on the basis of FIR which has been lodged against the petitioner under Section 294, 323, 506, 34 of IPC.

Learned counsel for the petitioner submits that he had submitted an appeal under Rule 23 of M.P. Civil Services (Classification Control Appeal Rules) 1966 before the Appellate Authority i.e. respondent no.2-Director, Public Instructions, Department of School Education, Bhopal against the order of suspension dated 27/09/2021, but the same is pending since 16/06/2022 and stay application also till date has not been decided by the Appellate Authority, so a limited prayer has been made by the learned counsel for the petitioner that the Appellate Authority be directed to decide the appeal, in accordance with law, in a time bound manner.

Learned Government Advocate has no objection if such directions are given to the Appellate Authority for deciding the appeal filed by the petitioner.

Heard learned counsel for the parties.

In the light of above submissions made by the learned counsel for the petitioner, the respondent no.2-Director, Public Instructions, Bhopal is directed to decide the appeal of the petitioner within a period of two months from the date of receipt of certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, this petition is disposed of.

(MILIND RAMESH PHADKE) JUDGE Monika MONIKA SHARMA 2022.08.18 17:52:42 +05'30' 3

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