The State Of Madhya Pradesh vs Rakesh Kumar Shrivastava
2021 Latest Caselaw 9085 MP

                                   1                               WA-724-2021
        The High Court Of Madhya Pradesh
                  WA No. 724 of 2021
      (THE STATE OF MADHYA PRADESH Vs RAKESH KUMAR SHRIVASTAVA AND OTHERS)


Gwalior, Dated : 21-12-2021
      Mr. M.P.S,Raghuvanshi, learned Additional Advocate General for the

appellants/State.
      Mr. Yogesh Singhal, learned counsel for the respondent.

This intra court appeal under Section 2(1) of the Madhya Pradesh Uchch Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, at the

instance of State is against the order dated 08.12.2020 passed in W.P.No.16186/2018 (Rakesh Kumar Shirvastava & others Vs. State of M.P. & another).

Learned single Judge while allowing the writ petition followed the order dated 21.11.2019 passed in identical writ petition No.12162/2018 by the Indore Bench.

During the course of the argument, learned Additional Advocate General fairly submits that no appeal has been preferred against the judgment rendered by learned single Judge at Indore Bench.

Mr. Yogesh Singhal, learned counsel for the respondent on advance notice also submits that a review petition filed therefrom has also been dismissed.

There is no dispute about the aforesaid factual status of the case decided at Indore Bench. Even otherwise, after perusal of the circular dated 03.05.2018 which stands quashed by the writ Court, this Court is of the considered opinion that withdrawal of the accrued rights of Section Writer after two years that too without show cause notice and without affording an opportunity of hearing ex facie is an arbitrary order and the same offends article 14 and 16 of the Constitution of India.

Consequently, W.A. sans merit and is hereby dismissed.

                       2                   WA-724-2021
       (ROHIT ARYA)       (DEEPAK KUMAR AGARWAL)
          JUDGE                    JUDGE
bj/-

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   2021.12.2
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