Madhya Pradesh High Court
Dr. Nirmal Singh Jatav vs The State Of Madhya Pradesh on 13 June, 2019
1 WP-10993-2019
The High Court Of Madhya Pradesh
WP-10993-2019
(DR. NIRMAL SINGH JATAV Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 13-06-2019
Shri K.K. Prajapati, Counsel for the petitioner.
Shri R.K. Soni, Government Advocate for the respondents/State.
Heard on I.A.No.2646/2019. This is an application for urgent hearing during summer vacation.
For the reasons mentioned in the application, the same is allowed.
This petition under Article 226 of the Constitution of India has been filed challenging the order dated 3.5.2019 by which the petitioner has been placed under suspension and his headquarters has been fixed at Mandla.
It is submitted by the counsel for the petitioner that he is confining his prayer to the change of headquarters. No reason has been assigned by the respondents for changing the headquarters from Shamshabad, District Vidisha to Mandla. Mandla is situated at a distant place and it is submitted that the Division Bench of this Court in the case of Hemant Kumar vs. Managing Director, K.S.S. Sangh reported in 1992(II) MPWN 299 and a Co-ordinate Bench of this Court in the case of Shyam Sunder Doar & Ors. vs. M.P. Rajya Krishi Vipanan Board reported in 1995 (II) MPJR S.N.8 has held that the change of headquarters during suspension period is unwarranted.
It is fairly conceded by Shri Soni that no reason has been assigned in the suspension order as to why Mandla has been fixed as headquarters during the period of suspension.
From the writ petition it appears that the petitioner has moved a representation dated 9.5.2019 against his change of headquarters to Mandala and the said representation is still pending. Accordingly, the respondents are directed to decide the said representation by passing a speaking order within a period of 15 days from the date of submission of certified copy of this order. Till the representation is decided, change of headquarters to Mandla 2 WP-10993-2019 shall remain in abeyance. The petitioner is directed to supply the certified copy of this order to the respondents latest by 20.6.2019. If the petitioner fails to supply the certified copy of this order by 20.6.2019, then the interim protection granted by this Court shall automatically come to an end.
With aforesaid observation, the petition is finally disposed of.
(G.S. AHLUWALIA) V. JUDGE (alok) ALOK KUMAR 2019.06.13 14:59:14 +05'30'