Ram Naresh Kariya vs The State Of Madhya Pradesh
2021 Latest Caselaw 6973 MP

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              HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                           WP-21565-2021
             (Ram Naresh Kariya Vs. State of M.P. & Ors.)



Gwalior, Dated : 28/10/2021

      Shri D.P. Singh, learned counsel for the petitioner.

      Shri Sanjay Kumar Sharma, learned Government Advocate for the

respondents/State.

This petition under Article 226 of the Constitution of India has

been filed being aggrieved by the order of suspension dated 21/09/2021

passed by respondents No.2 and 3, whereby petitioner has been placed

under suspension making various allegations.

Learned counsel for the petitioner submits that earlier the

petitioner was transferred vide order dated 31/08/2021 from the office

of Morena to the office of Engineer-in-Chief at Bhopal. The said order

was challenged in W.P. No.17326/202 and this Court had issued notices

and stayed the effect and operation of the transfer order dated

31/08/2021. As an outcome of stay order, respondent No.3 has passed

the order with malafide intention, as such, suspension order deserves to

be interfered and liable to be quashed.

On the other hand, learned counsel for the respondents/State has

pointed out that the statutory efficacious alternative remedy of filing an

appeal is available to the petitioner under Rule 23 of Madhya Pradesh

Civil Services (Classification, Control and Appeal) Rules, 1966 and as

such, the present writ petition is not maintainable and deserves to be

dismissed.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR WP-21565-2021 (Ram Naresh Kariya Vs. State of M.P. & Ors.)

In light of the judgment passed by this Court in the case of Anil

Kumar Pandey Vs. Managing Director, Human Resources [2013 (1)

MPWN 19], since efficacious alternative remedy is available, this Court

is not inclined to entertain this petition but relegates the petitioner to

avail the alternative remedy in accordance with law.

With the aforesaid, this petition stands disposed of.

Certified copy/e-copy as per rules/directions.

(S.A. Dharmadhikari) Judge

rahul

RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da4606840346 2fdf82ab676d0cde4dee473fe77953f5,

PARIH pseudonym=68E0B84BAE73376CD071289B3D9F E728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E 21BDED910FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2021.10.29 14:08:08 +05'30'

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