Madhya Pradesh High Court
The State Of Madhya Pradesh Thr vs Krishna Kumar Yadav on 26 April, 2017
1 W.A. No.220/2017
State of Madhya Pradesh and others
Vs.
Krishna Kumar Yadav
26.04.2017
Shri Kamal Jain, Government Advocate for the
appellants/State.
Shri Abhishek Sharma, counsel for the respondent.
Heard on I.A. No. 2385/2017, an application for condonation of delay in filing the appeal.
It appears that sufficient time was exhausted by the Higher Police Officers in considering as to whether the appeal is required to be filed or not and, therefore, the delay of 123 days has been caused.
Looking to the reasons mentioned in the application, whereas reasons are satisfactory, delay of 123 days in filing the present appeal is hereby condoned.
Heard on admission as well as I.A. No. 2384/2017, an application for staying the operation of the order passed by the writ Court.
After considering the submissions made by the learned counsel for the parties, it appears that the respondent was terminated simplicitor by the order dated 15.09.2015 and thereafter Inspector General, Gwalior Zone gave the details while considering the representation of the respondent in compliance to the order dated 29.01.2016 passed by the single Bench of this Court in W.P. No. 968/2016 filed before the Principal Seat at Jabalpur. However, there is no stigma mentioned in the order Annexure P-1 dated 15.09.2015 which is filed in the writ Court and, therefore, prima facie the order dated 05.08.2015 passed by the Division Bench of this 2 W.A. No.220/2017 Court in W.P. No. 11353/2015 was not applicable in the case. In that order, it was mentioned that order in that case was stigmatic and, therefore, the termination was done on the basis of misconduct, whereas in the present case, order dated 15.09.2015 is not stigmatic and, therefore, prima facie it appears that learned single Judge of this Court has wrongly followed the aforesaid order passed by the Division Bench of Principal Seat. Under these circumstances, the appeal filed by the State is hereby admitted for final hearing and operation of the order dated 12.09.2016 passed by the writ Court is hereby stayed till the disposal of the present writ appeal.
Case be listed for final hearing in due course. Certified copy as per rules.
(N.K. GUPTA) (S.K. Awasthi)
Judge Judge
Abhi