Madhya Pradesh High Court
The State Of Madhya Pradesh vs Mohan Kumar Bangde on 8 January, 2020
Author: Sanjay Yadav
Bench: Sanjay Yadav, Atul Sreedharan
1
THE HIGH COURT OF MADHYA PRADESH
(DIVISION BENCH)
WRIT APPEAL NO. 03/2020
State of M.P. and another v. Mohan Kumar Bangde.
Shri Shekhar Sharma, learned Additional Advocate General for the
appellants.
Shri Rajneesh Gupta, learned counsel for the respondent.
___________________________________________________________
CORAM :
Hon'ble Shri Justice Sanjay Yadav, Judge.
Hon'ble Shri Justice Atul Sreedharan, Judge.
ORDER
(Jabalpur, dated 08-01-2020) Per : Sanjay Yadav, J.-
There is a delay of 168 days in filing the present writ appeal. Condonation whereof is being sought vide Interlocutory Application No. 14/2020. For the reasons which find mention in the application and which prevented the appellants from filing the appeal within the period of limitation, sufficient cause is made out. Consequently, delay is condoned. Interlocutory Application No. 14/2020 stands disposed of.
2. This intra-court appeal under Section 2 (1) of Madhya Pradesh Uchcha Nyayalya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 4.4.2019 passed in Writ Petition No. 13263/2016; whereby, the learned Single Judge quashed the charge- 2 sheet dated 10.8.2015. Vide impugned charge-sheet the petitioner was charged of having sought appointment on 5.9.1986 on the anvil of caste certificate of "Halba" (Scheduled Tribe) though he belonged to "Koshti" community, an Other Backward Class.
3. Learned Single Judge found that the issue since stood settled between the parties vide decision in Petition for Special leave to Appeal (Civil) No. 9148/2013 : State of Madhya Pradesh and others v. Mohan Kumar Bangade, quashed the charge sheet and further proceedings thereon. In S.L.P No. 0149/2013, it was held:
"Learned counsel for the parties are agreed that as per Office Memorandum dated 7.3.2011 issued by the Government of Madhya Pradesh, Department of General Administration, all appointments made prior to 28.11.2000 of the candidates holding to Halba Koshti/Halbi Koshti/Koshti caste will be protected. They state, in view of this, the petition has become infructuous. The special leave petition is disposed of as infructuous in view of the statement made by the counsel."
4. Evidently, the functionaries of the State were aware of the said decision yet undermining the same they went on to issue fresh charge- sheet. And undauntedly with the quashment thereof have filed this Appeal, which establishes insensitivity of the functionaries, which calls for dismissal of Appeal with cost of Rs.25,000/- (Rupees Twenty Thousands) to be deposited with the M.P. State Legal Services Authority within thirty days. The State will be at liberty not only 3 recover the cost from the responsible officer but also take such disciplinary action as warranted under law.
5. The Appeal is disposed of finally in above terms.
(SANJAY YADAV) (ATUL SREEDHARAN)
JUDGE JUDGE
vivek
Digitally signed by VIVEK KUMAR TRIPATHI
Date: 2020.01.16 10:30:08 +05'30'