Madhya Pradesh High Court
Parimal Singh Prajapati vs The State Of Madhya Pradesh Thr on 28 January, 2016
1 Writ Petition No.8569/2015
(Parimal Singh Prajapati Vs. State of M.P. And Others)
28/01/2016
Shri Arun Katare, Advocate for the petitioner.
Shri Praveen Newskar, Government Advocate for the
respondents/State.
This writ petition under Article 226 of the Constitution of India is filed against the order of suspension dated 04/12/2015 (Annexure P/1) passed by the Government Silk Department, Lower Basement Satpuda Bhavan, Bhopal. After arguing for a while, learned counsel for the petitioner fairly submits that an appeal is provided for under the M.P. Civil Services (Classification, Control and Appeal) Rules 1996 against the impugned order dated 04/12/2015 (Annexure P/1) hence, he may be permitted to withdraw this writ petition with liberty to file an appeal before the appellate authority within 15 days from today. He also submits that during suspension, his headquarter is changed from Guna to Sahdole, which has put him to a grave inconvenience dislocating his entire family and education of the children is also jeopardized, therefore, seeks interim protection against the change of headquarter, till he files an appeal before the appellate authority. Learned counsel seeks parity in that behalf with the orders passed by the Coordinate Bench in W.P. No.6405/2014 decided on 17/10/2014 and W.P. No.8426/2015 decided on 18/12/2015.
Having heard counsel for the petitioner and upon perusal of the orders passed by the Coordinate Bench, petitioner is permitted to withdraw this writ petition with liberty to file an appeal before the appellate authority within 15 days from today along with an 2 Writ Petition No.8569/2015 (Parimal Singh Prajapati Vs. State of M.P. And Others) application seeking stay of suspension order dated 04/12/2015 (Annexure P/1). If such an appeal is filed by the petitioner, the appellate authority shall endeavor to decide the appeal expeditiously.
Further if an application for stay is filed by the petitioner, the same be dealt with, in accordance with law expeditiously. Till decision on the application for stay of suspension order dated 04/12/2015 filed by the petitioner, the petitioner's headquarter shall be continued at Guna.
With the aforesaid observation and direction, writ petition stands disposed of.
(Rohit Arya) Judge vc