Shiv Naresh Garg vs State Of Mp.
2021 Latest Caselaw 508 MP

                                                         1                               WP-4325-2021
                              The High Court Of Madhya Pradesh
                                         WP-4325-2021
                                         (SHIV NARESH GARG Vs STATE OF MP. AND OTHERS)


                      Jabalpur, Dated : 04-03-2021
                             Shri Shakti Kumar Soni, learned counsel for petitioner.

                             Shri V.S. Choudhary, learned Panel Lawyer for respondent/State.

Petitioner has filed the present writ petition challenging the order of suspension dated 09.02.2021 contained in Annexure P/1.

Learned counsel appearing for respondent/State submitted that against

the impugned order dated 09.02.2021, petitioner has already preferred an appeal before respondent No.2 i.e. Joint Director, Health Services, Rewa Division, Rewa, which is pending, therefore, this writ petition is not maintainable.

Heard the counsel for both the parties.

As per the judgment of Apex Court reported in (2009) 16 SCC 766, Delhi Gate Auto Service Station and others vs Bharat Petroleum Corporation Limited, Agra through Senior Divisional Manager and others, two parallel remedies could not have been pursued at one and the

same time.

In view of the aforesaid judgment of the Apex Court, writ petition filed by the petitioner is not maintainable, hence, same is dismissed as petitioner has already availed the remedy of appeal. However, petitioner will be at liberty to pursue the appeal filed before respondent No.2.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

sp/-

Signature
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Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.03.04
17:15:20 IST