Pushpendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6565 MP

                                                                          1                              WP-17156-2021
                                               The High Court Of Madhya Pradesh
                                                          WP-17156-2021
                                                 (PUSHPENDRA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                       Jabalpur, Dated : 20-10-2021
                                             Heard through Video Conferencing.

                                             Shri Shailendra Verma, counsel for the petitioner.
                                             Shri Ankit Agrawal, Panel Lawyer for the respondents/State.

Challenge being made to the orders dated 24.10.2019 (Annexure P-1) and 25.06.2020 (Annexure P-2); whereby it is pointed out that the petitioner

has not found fit for continuation in Government job owing to the fact that several criminal cases were registered against the petitioner.

It is pointed out that that the petitioner has been acquitted in all cases, which were pending against the petitioner. It is argued that the petitioner was initially selected for the post of Guruji under the M.P. Shiksha Gurantee Scheme. Thereafter, the petitioner is working since 08.07.2003 till 14.09.2015 for a period of 12 years. It is submitted that he has disclosed all the information with respect to the criminal cases registered against him in Column No.12. After a lapse of almost 17 years of service of the petitioner an

observation has been made by the authorities, which is reflected from Annexure P-1 dated 24.10.2019 and Annexuer P-7 dated 01.06.2021. The petitioner is not fit for holding the Government post owing to the fact that the criminal cases are registered against the petitioner and the same falls under the category of moral turpitude. It is argued that the petitioner is still working and has not been terminated tilll date. The authorities have also not passed any final order till date; therefore, he is apprehending that the termination of his services will be ordered by the authorities considering the recommendations made vide Annexure P-1 and Annexure P-7. In such circumstances, an innocuous prayer has been made to direct the respondent/authority to consider the representation submitted by the petitioner within a stipulated time frame and in case if any final order is passed an opportunity of hearing be Signature Not Verified SAN afforded to the petitioner.

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.10.21 10:29:04 IST 2 WP-17156-2021 Learned counsel appearing for the respondents/State submits that the petition is premature as no final order has been passed till date, but he could not dispute the fact that the authorities have already taken a final decision to the effect that the petitioner is not fit for continuation in Government service. He submits that if a fresh representation be submitted by the petitioner, the

same will be considered and decided within a stipulated time frame.

Heard the learned counsels for the parties and perused the record. From the perusal of record, it is seen that the petitioner has already rendered his services for a period of 17 years from the date of inception in service i.e. from 2003. The criminal cases which are shown to be registered against the petitioner, he has already been acquitted as per the judgments which are being annexed with the petition and also the statement made by the counsel appearing for the petitioner at bar. As he has pointed out that he has already disclosed the information in Column No.12 at the time of seeking appointment and has not hidden anything from the respondent authorities; therefore, the decision taken by the authorities declaring him unfit for Government service is bad in the eye of law. It is seen that till date no final order with respect to termination of service has been passed by the authorities. In such circumstances, this petition is disposed of directing the petitioner to approach the respondent no.2 within a period of 10 days from today and in case if such a representation is filed along with all the relevant documents, the respondent no.2 is directed to dwell upon the same and pass a self contained speaking order after giving audience to the petitioner and pass a final order within a period of two months from the date of receipt of certified copy and representation.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Accordingly, the petition is disposed of.

Certified copy as per rules.

Signature Not Verified SAN (VISHAL MISHRA) Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.10.21 10:29:04 IST 3 WP-17156-2021 JUDGE taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.10.21 10:29:04 IST