Santosh Kumar Shukla vs The State Of Madhya Pradesh
2021 Latest Caselaw 3256 MP

                                                                        1                               WP-7435-2021
                                              The High Court Of Madhya Pradesh
                                                         WP-7435-2021
                                              (SANTOSH KUMAR SHUKLA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                      2
                                      Jabalpur, Dated : 13-07-2021
                                            Heard through Video Conferencing.
                                            Shri Amit Seth, learned counsel for the petitioner.
                                            Shri Ritwik Parashar, learned Government Advocate for the State.
                                            Shri V.D.S. Chouhan, learned counsel for the proposed intervener in
                                      I.A. No.4312/21.

                                            Leaned counsel for the intervener submits that on the complaint of the
                                      intervener the impugned order has been passed, therefore, he has a right to be
                                      heard in the present petition.
                                            Learned counsel for the petitioner has opposed the intervention
                                      application by submitting that the intervener is appointed on a lower post and
                                      has been put under suspension and the writ petition against the suspension
                                      order has been dismissed and in view of the judgment of the Supreme Court
                                      in the matter of Ravi Yashwant Bhoir vs. District Collector, Raigad &
                                      Others reported in (2012) 4 SCC 407, the complainant has no right.

                                            Having regard to the circumstances of the case and keeping in view the
                                      judgment of the Supreme Court in the case of Ravi Yashwant Bhoir
                                      (supra), I am of the opinion that no case for allowing the intervention
                                      application is made out. I.A. No.4312/21 is accordingly rejected.
                                            Heard on the question of admission and interim relief.
                                            Learned counsel for the petitioner submits that the order of attachment
                                      of the petitioner was earlier passed, which was cancelled by the order dated
                                      03.03.2021 and at that time, the cancellation was done by the approval of the
                                      Collector. He has referred to the Notesheet (Annexure P/6) and has submitted
                                      that since under various circulars of the State Government the attachment has
                                      been deprecated, hence the earlier order of attachment was cancelled; but,
Signature Not Verified
  SAN
                                      within a period of 15 days again the respondent No.4 has passed the

Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2021.07.14 10:29:11 IST 2 WP-7435-2021 impugned order dated 20.03.2021 attaching the petitioner to the District Hospital, Umaria whereas the petitioner was originally posted in the Office of C.M.H.O., Umaria. He has also submitted that the identical petitions involving the same issue are pending in which the interim order has been passed and has referred to the order dated 23.05.2019 passed in WP. No.10414/19 and order dated 09.12.2020 passed in WP. No.18603/20.

Issue notice to the respondents on payment of P.F. within one week, returnable within four weeks.

Till the next date of hearing, the operation of the impugned order dated 20.03.2021 shall remain stayed.

(PRAKASH SHRIVASTAVA) JUDGE

mohsin

Signature Not Verified SAN

Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2021.07.14 10:29:11 IST