Madhya Pradesh High Court
Harvansh Choubey vs The State Of Madhya Pradesh on 14 May, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-10862-2018, WP-10870-2018
(HARVANSH CHOUBEY Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 14-05-2018
Shri Praveen Dubey, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Govt. Advocate for the
respondents/State.
Heard on admission.
sh Issue notice to the respondents on payment of process fee within e seven days, failing which this petition shall stand dismissed without ad further reference to the Court.
Pr Parties are also heard on the question of interim relief. Learned counsel for the petitioner submits that the General a hy Administration Committee by resolution dated 17.11.2017 decided to regularize the petitioner on the post of Assistant Grade III. Learned ad Collector accepted that resolution and by order dated 08.02.2018 M directed the petitioner to be regularized on the post of Assistant Grade III. In the result, the petitioner resigned from his erstwhile of employment in order to join the post of Assistant Grade III. The rt impugned order as per Shri Praveen Dubey has come as a bolt from ou blue to the petitioner whereby the order dated 08.02.2018 of learned Collector has been cancelled. C It is submitted that the impugned order entails civil consequence h but such an adverse order was passed without affording opportunity to ig the petitioner. The impugned order, if giving effect to, put the H petitioner in a position as if he is at no man's land because his present employment is decided to be taken away and the petitioner has resigned from his erstwhile employment.
Shri Rajesh Tiwari, learned Govt. Advocate supported the impugned order. He submits that the reasons assigned in the impugned order are justifiable on the strength of which the order dated 08.02.2018 is cancelled.
Prima facie, it appears that before passing the adverse order of this nature, which takes away the employment of the petitioner, no opportunity of any nature was given to the petitioner. Thus prima facie the impugned order is contrary to the principles of natural justice.
Considering the aforesaid, subject to hearing the other side, the effect and operation of the order dated 28.04.2018 (Annexure-P1 & P/2) shall remain stayed.
Notice be made returnable in the 1st week of July, 2018. C.C. as per rules.
(SUJOY PAUL) sh JUDGE e ad Biswal Pr a hy Digitally signed by SHIBA NARAYAN BISWAL ad Date: 2018.05.14 14:35:22 +05'30' M of rt ou C h ig H