Ratiram Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2357 MP

                                    1                                 WA-459-2021
        The High Court Of Madhya Pradesh
                    WA-459-2021
             (RATIRAM AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 14-06-2021
      Heard through Video Conferencing.

      Shri L.C.Chourasiya, learned counsel for the appellant.
      Shri      B.D.Singh,     learned    Government       Advocate        for   the
respondent/State.

This appeal is filed against the judgement passed by the learned single

judge on 31.03.2021 by which the writ petition has been dismissed as not maintainable on the ground of availability of efficacious alternative remedy to the petitioner by way of appeal.

Shri L.C.Chourasiya, learned counsel for the appellant/writ petitioner submitted that the respondents had taken a stand before the learned single judge that in a case where a complaint is being filed before the Lokayukt, the remedy of appeal may not be available.

Shri B.D.Singh, learned Government Advocate however, submits that the remedy of appeal is statutory remedy and therefore, since after the

investigation, charge-sheet has been filed before the Court, the petition has rightly been suspended. However, the remedy of appeal will not be taken away by a mere reason of pendency inquiry before the Lokayukt or on account of filing of charge-sheet. The petitioner was initially suspended on 20.03.2021 but the suspension of the Government Servant is periodically reviewed by a high level committee to decide whether or not he should be continued.

Having regard to the facts and circumstances of the case, it cannot be said that merely because charge-sheet has been filed in the Court, remedy of appeal would not be available to the appellant, while therefore, not interfering with the impugned judgment, we direct that in case the appellant now files appeal within 15 days, the appellate authority shall dispose of the same on merits within a period of 45 days from the date of its filing.

                                                                2                WA-459-2021
                                            (MOHAMMAD RAFIQ)       (VIJAY KUMAR SHUKLA)
                                             CHIEF JUSTICE                    JUDGE
                                      anu




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Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2021.06.15 14:24:20 IST