Madhya Pradesh High Court
Ashok Kumar Chourasia vs The State Of Madhya Pradesh on 16 July, 2021
Author: Chief Justice
1 WA-601-2021
The High Court Of Madhya Pradesh
WA-601-2021
(ASHOK KUMAR CHOURASIA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Jabalpur, Dated : 16-07-2021
Heard through Video Conferencing.
Shri Laxmi Chandra Chourasiya, learned counsel for the appellant.
Shri Ankit Agrawal, learned Government Advocate for the
respondent/State.
This appeal is directed against the judgment dated 21.06.2021 by which
the writ petition filed by the appellant/writ petitioner has been dismissed. The
appellant/writ petitioner in the writ petition made a prayer that the Collector,
Niwari (Tikamgarh) be directed to decide his representation dated 02.02.2021
pending before him in light of the order passed by the Commissioner,
Revenue Division, Sagar dated 23.12.2017. Submission of the learned
counsel for the appellant/writ petitioner is that the petitioner was terminated
from the service on account of criminal case, but eventually he was acquitted,
though on the basis of compromise. Learned counsel for the appellant also
submitted that petitioner filed an appeal before the Commissioner against the
order of termination and when the Commissioner was apprised of the fact
that the appellant/writ petitioner has been acquitted in Criminal Appeal
No.1918/2006 vide order dated 27.11.2017 on the basis of compromise, the
Commissioner required the Collector, Niwari (Tikamgarh) was competent
authority to take decision on this aspect of the matter. Learned single Judge
was therefore not justified in dismissing the writ petition by relying upon the
judgement of Supreme Court in the case of Biswabhan Das Vs. Gopen
Chandra Hazarika, reported in AIR 1967 SC 895.
Learned counsel submitted that the appellant was falsely implicated in
the criminal case which in fact was a cross case due to certain dispute
between his neighbors on which the petitioner who was in Government
service, was falsely implicated as an accused for petty offence of Section 323
2 WA-601-2021
of IPC.
Learned counsel for the appellant relied on the judgment passed by the
Supreme Court in the case of Avtar Singh vs Union of India & Others,
reported in (2016) 8 SCC 471 and contended the Hon'ble Supreme Court in
that case has held that the acquittal in the present nature of case even on the
basis of the compromise would entitle the employee concerned to continue in
service.
Learned counsel for the petitioner also relied upon the subsequent
judgment of the Hon'ble Supreme Court in the case of Avtar Singh Vs.
Union of India (2018) 1 SCC 268 which according to him is more direct
verdict on the issue.
In our considered view, the judgment of the Hon'ble Supreme Court in
case of Biswabhan Das (supra) should be now read in the light of the later
decision of the Supreme Court in the case of Avtar Singh (supra). We are
therefore, persuaded to allow this writ appeal and set aside the judgment of
the learned single Judge and require the Collector, Niwari (Tikamgarh) to
decide the representation dated 02.02.2021 by speaking order in light of the
order of the Commissioner, Sagar keeping in view the principles of law laid
down by the Hon'ble Supreme Court in case of Avtar Singh vs Union Of
India & Others, reported in (2016) 8 SCC 471 & Avtar Singh Vs. Union
of India (2018) 1 SCC 268, within a period of two months from the date of
production of certified copy of this order before him.
Writ appeal is accordingly disposed of.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
Jasleen
Digitally signed by
JASLEEN SINGH SALUJA
Date: 2021.07.16
17:06:09 +05'30'
