Pradeep Singh Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 6015 MP

                                  1                               WP-18948-2021
        The High Court Of Madhya Pradesh
                   WP-18948-2021
        (PRADEEP SINGH DHAKAD Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Jabalpur, Dated : 24-09-2021
      Heard through Video Conferencing.
      Shri Om Prakash Dwivedi, learned counsel for the petitioner.
      Shri V. K. Shukla, learned Panel Lawyer for the respondent/State.

The petitioner has been filed this petition challenging the order dated 04/08/2021 contained in Annexure P/1 as well as subsequent the order dated

05/08/2021 contained in Annexure P/2 which is charge-sheet issued in compliance of the order dated 04/08/2021.

Counsel for the petitioner submitted that the impugned order dated 04/08/2021 (Annexure P/1) as well as order dated 05/08/2021 (Annexure P/2) are contrary to Rule 15(1) & 15(2) of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966. Reliance has been placed on a judgment reported in Prafulla Kumar Chaturvedi vs. State of M.P., 2009(4) MPLJ 204 and submitted that de-nova enquiry could be ordered by the Superintendent of Police, Balaghat and same is contrary to law. It is

further submitted that the co-ordinate Bench of this Court vide order dated 22/09/2021 in WP No.19174/2021 (Deepak Lodhi vs. State of M.P.) has already been stayed the order dated 04/08/2021 passed in DE No.22/2020 by Superintendent of Police, Balaghat. It is stated that similar order may be passed in the present petition.

It seems that the order passed on 05/08/2021, pursuant to the order dated 04/08/2021, has not been brought to the notice of the coordinate Bench. Since the order dated 04/08/2021 has already been stayed by the co- ordinate Bench, similar order is passed in this case also.

It is directed that further proceedings in pursuant to the charge-sheet dated 05/08/2021 shall remain stayed till next date of hearing.

Respondent may file their reply in the matter within three weeks.

                                                                             2         WP-18948-2021
                                             Certified copy as per rules.

                                                                                (NANDITA DUBEY)
                                                                                    JUDGE


                                     manju




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Date: 2021.09.24 16:58:25 IST