Madhya Pradesh High Court
Suchit Kumar Choukde vs The State Of Madhya Pradesh on 18 August, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 18 th OF AUGUST, 2023
WRIT PETITION No. 20947 of 2023
BETWEEN:-
SUCHIT KUMAR CHOUKDE S/O SHRI DASHRATH
PRASAD CHOUKDE, AGED ABOUT 43 YEARS,
OCCUPATION: SERVICE GOVT. AYURVEDIC
DISPENSARY, VILLAGE BHAMPURAA, TEHSIL
MAHESHWAR, DIST. KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY MS. SWATI UKHALE, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY AYUSH DEPARTMENT
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE COMMISSIONER BHARTIYA CHIKITSA
PADDHATI AND HOMEOATHY MADHYA PRADESH
DIRECTORATE OF BHARTIYA CHIKITSA
PADDHATI AND HOMEOPATHY SATPURA
BHAWAN, BHOAL (MADHYA PRADESH)
3. THE DISTRICT AYURVED OFFICER DISTRICT
KHARGONE (MADHYA PRADESH)
4. THE COLLECTOR DISTRICT KHARGONE
(MADHYA PRADESH)
5. SHRI DAULATSINGH CHAUHAN OCCUPATION:
MALE STAFF NURSE GOVT. AYURVEDIC
HOSPITAL, KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHALABH SHARMA, GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: MONI RAJU
Signing time: 8/19/2023
11:58:15 AM
2
following:
ORDER
This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dated 9.8.2023 vide Annexure P/8 whereby, the petitioner's representation preferred on the basis of order passed by this Court in W.P.No.16331/2023 vide its order dated 13.7.2023 has been rejected.
Admittedly, the petitioner has preferred the writ petition No. 16331/2023 against his transfer order dated 07.7.2023 passed by the respondent.
Counsel for the petitioner has submitted that subsequently the petitioner has also come to know that the transfer place of the petitioner i.e. Govt.
Ayurvedic Hospital, Khargone, there is no vacant post of staff Nurse. However, this objection was not raised by the petitioner in his representation and secondly, the other ground which was raised by the petitioner in his representation that his wife is also serving on the same place, but the impugned order is silent on that point also.
Counsel for the respondents/State has submitted that if the petitioner files a fresh representation before the competent authority then the same shall be decided in accordance with law within a time bound period.
In view of the same, without commenting upon the merits of the matter, the writ petition is disposed of with a direction to the petitioner to file a fresh representation along with all relevant documents before the respondent No.2/competent authority within one week's time which shall be decided by the respondent No.2/competent authority by passing a reasoned and speaking order after giving due opportunity of hearing to respondent No.5, in accordance with law, within a further period of four weeks from the date of receipt of the Signature Not Verified Signed by: MONI RAJU Signing time: 8/19/2023 11:58:15 AM 3 certified copy of this order, considering the fact that petitioner has still not been relieved and the respondent No.5 has not taken the charge of the petitioner's post.
It is also directed that the petitioner shall be allowed to continue on the present place of posting, till his representation is decided by the concerned respondent(s).
The Writ Petition stands disposed of.
C.c. as per rules.
(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 8/19/2023 11:58:15 AM