Madhya Pradesh High Court
Sarsij Singh Parihar vs The State Of Madhya Pradesh Judgement ... on 7 April, 2014
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W.P. No.5721/2014
7.4.2014
Shri Anil Khare, learned Senior Advocate with Shri H. S.
Chhabra, learned counsel for the petitioner.
Shri P. K. Kaurav, learned Additional Advocate General for
respondents/State.
This petition stands disposed of on the same terms as in W.P. No.1146/2014 (Jitendra Kumar and others Vs. State of M.P. and others) decided on 27.3.2014, along with other companion matters, which are reproduced hereunder :-
In the circumstances, we would dispose of all these petitions on the following terms :-
i) The authority is free to issue show cause notice to each of the petitioners within 15 days from today.
ii) After receipt of the said show cause notice, each of the petitioners will be bound to submit response to the said show cause notice within 15 days. The petitioners shall extend complete cooperation for early completion of the enquiry.
iii) After the response is received, the Authority may proceed with the enquiry by following due process and adhering to the principles of natural justice before taking any final decision, which ought to be taken not later than 15 days therefrom. In any case, the entire exercise shall be completed within 2 months from today so that the issue may be put at rest one way or the other.
iv) If any petitioner is aggrieved by the final
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decision taken by the Authority, he can challenge the same by way of appropriate proceedings, which challenge will be considered on its own merits in accordance with law.
v) Until the final decision is taken in the said enquiry, the petitioners shall be allowed to pursue their medical course. That will be subject to the outcome of the enquiry and no equity can be claimed by the petitioner(s) at a later point of time.
vi) In the said enquiry, all issues will have to be examined on its own merits without being influenced by the fact that this Court had stayed the order of suspension or the fact that it permitted the Authority to proceed against the petitioner(s) by conducting enquiry."
(A.M.Khanwilkar) (K. K. Trivedi)
Chief Justice Judge
Anchal