Rajkumar Shukla vs The State Of Madhya Pradesh
2021 Latest Caselaw 8903 MP

                                            1

 THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                    AT JABALPUR

                             (DIVISION BENCH)
                              W.A. No.1237/2021

        Raj Kumar Shukla                                          ...Appellant
                                      Versus

        State of Madhya Pradesh and others                         ...Respondents
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      Coram :
              Hon'ble Mr. Justice Ravi Malimath, Chief Justice.
              Hon'ble Mr. Justice Vijay Kumar Shukla, Judge.
      ---------------------------------------------------------------------------------
      Presence :
              Shri A.P.Singh, learned counsel for the appellant.
              Shri Ankit Agrawal,, learned Government Advocate for the
              respondents/State.
      ---------------------------------------------------------------------------------

                               JUDGMENT

(16/12/2021)

Per : V.K. Shukla, J.

The present intra court appeal has been filed under Section 2(1) of

Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal)

Adhiniyam, 2005, being aggrieved by the order dated 09-12-2021 passed by

the learned Single Judge in W.P. No.27234/2021 whereby the writ petition

filed by the appellant/petitioner has been dismissed.

2. The appellant has invoked the writ jurisdiction under Article 226/227

of the Constitution of India seeking a direction for issuance of 'No Dues

Certificate' in his favour. The contention of the appellant is that he was

appointed as a Gram Panchayat Secretary on 01-05-2008. He worked till

14-04-2010 and thereafter handed over the charge to one Raju Soni,

Secretary, Gram Panchayat Devari with a view to contest election. It is

submitted that he has been refused issuance of no dues certificate vice order

dated 06-01-2015 passed by the Chief Executive Officer, Janpad Panchayat ,

Anuppur. He had already challenged orders of recovery dated 22-07-2019

and 08-08-2019 in W.P. No.17576/2019. The orders of recovery have

already been stayed in the said writ petition. It is not in dispute that the

said order dated 06-01-2015 in refusing no dues certificate is not under

challenge in the present petition.

3. Learned counsel for the appellant submits that since the appellant

intends to contest the election, therefore, the respondents be directed to

issue "no dues certificate". It is not in dispute that there is a recovery

pending against the present appellant and the orders of recovery are

already under challenge in W.P. No.17576/2019 which is pending before

this court. Thus, in view of the aforesaid, the authorities are fully justified

in not issuing the "no dues certificate" as the same would be dependent on

the outcome of W.P. No.17576/2019. We do not find any illegality in the

order passed by the learned Single Judge dismissing the writ petition

warranting any interference in the intra court appeal. Accordingly, the writ

appeal is dismissed.

Pending interlocutory application(s), if any, is/are also disposed off.

      (RAVI MALIMATH)                       (VIJAY KUMAR SHUKLA)
        CHIEF JUSTICE                               JUDGE
hsp
         Digitally signed by
         HARSAHAI PATERIYA
         Date: 2021.12.21
         14:45:41 +05'30'