Dr. Balveer Kaithoria vs The State Of Madhya Pradesh
2021 Latest Caselaw 760 MP

          HIGH COURT OF MADHYA PRADESH, JABALPUR
                    Review Petition No.240/2021
16.3.2021
      Mr. Ravi M. K. Vyas, learned counsel for the petitioner.
      Mr. Adamya Bajpai, learned Panel Lawyer for the State.
      The present petition has been filed seeking review of the order
dated 26.2.2021 (Annexure P/1) passed by this court in Writ Petition
No.18830/2020.
      By the impugned order, this court had examined the plea of the
petitioner who was proceeded against in a departmental enquiry and also
in a criminal trial. Two of the charges in the departmental enquiry were
also the charges in the criminal trial for an offence punishable under
section 354 IPC. This court had taken cognizance of the fact that if the
departmental enquiry was to proceed on all the five charges, the
petitioner would have been prejudiced as he would have to disclose his
defence, which would have been used against him in the criminal trial
greatly prejudicing his defence. Therefore, this court had directed the
respondents that as regards Charge Nos.1 and 2 are concerned as they

are the same in the criminal case pending against the petitioner, the departmental proceedings in respect of Charge Nos.1 and 2 shall be kept in abeyance till the complainant in the criminal trial gave the statement before the trial court and was also cross-examined by the petitioner.

As regards Charge Nos.3, 4 and 5 are concerned, this court permitted the respondent-Department to proceed with the same.

Learned counsel for the petitioner has submitted that there were two judgments of the Supreme Court that the petitioner had annexed along with the writ petition, which were not considered and which were not argued on the date of hearing. Non-consideration of the judgments of the Supreme Court will not make the order sought to be reviewed erroneous on the face of the record. The said judgments of the Supreme Court were passed in the facts-circumstances, which were specific to those cases, and the same cannot be said to be an indelible proposition of law applicable squarely in the facts-circumstances of the petitioner in Writ Petition No.18830/2020.

Under the circumstances, as this court does not find any error apparent on the face of record with the order dated 26.2.2021, the review petition stands dismissed.

(Atul Sreedharan) Judge ps

PRASHA Digitally signed by PRASHANT SHRIVASTAVA DN: c=IN, o=HIGH COURT OF

NT MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh,

SHRIVAS 2.5.4.20=ece48d19937645a62 67b9b5ec6a49fcd15bfc04d16 d24c3fe6b477bde7632d74,

TAVA cn=PRASHANT SHRIVASTAVA Date: 2021.03.17 11:54:55 +05'30'