Rohit Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 5278 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                                 ON THE 11th OF APRIL, 2022

                                                          WRIT PETITION No. 5802 of 2022

                                             Between:-
                                             ROHIT TIWARI S/O SHRI RAKESH KUMAR TIWARI
                                             ,  AGED   ABOUT     30  YEARS, OCCUPATION:
                                             UNEMPLOYED     WARD    NO.2   REWA ROAD
                                             JAISINGHNAGAR SHAHDOL (MADHYA PRADESH)

                                                                                                          .....PETITIONER
                                             (BY SHRI K.S. JHA, ADVOCATE)

                                             AND

                                     1.      THE STATE OF MADHYA PRADESH THROUGH ITS
                                             PRINCIPAL SECRETARY DEPARTMENT      OF
                                             COOPERATIE MANTRALAYA VALLABH BHAWAN,
                                             BHOPAL (MADHYA PRADESH)

                                     2.      COMMISSIONER AND REGISTRAR COOPERATIVE
                                             SOCIETIES,  MADHYA     PRADESH DISTRICT-
                                             BHOPAL (MADHYA PRADESH)

                                     3.      ADMINISTRATOR    COOPERATIVE   SOCIETIES
                                             DISTRICT-SHAHDOL (MADHYA PRADESH)

                                     4.      DEPUTY      /ASSISTANT       COMMISSIONER
                                             COOPERATIVE     SOCIETIES DISTRICT-SHAHDOL
                                             (MADHYA PRADESH)

                                     5.      PRATHMIK KRISHI SAKH SAHKARI SAMITI
                                             MARYADIT    JAISINGHNAGAR JAISINGHNAGAR,
                                             DISTRICT-SHAHDOL (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                             (BY SHRI MANAS MANI VERMA, GOVERNMENT ADVOCATE)

                                           T h is petition coming on for hearing this day, the court passed the
                                     following:
                                                                           ORDER

By the instant petition filed under Article 226 of the Constitution of India, the petitioner is raising grievance that despite selecting him to the post of Junior Salesman, he has not been allowed to join on the said post because there was some criminal case registered vide Crime No.174/2015 at Police Station

Signature Not Verified Jaisinghnagar, District Shahdol for the offence punishable under Sections 341, 294, SAN

Digitally signed by ANIL CHOUDHARY 323 and 526 of Indian Penal Code pending against him . Date: 2022.04.12 11:20:50 IST

The counsel for the petitioner submits that later on the petitioner has been

acquitted vide judgment dated 03.02.2022 and thereafter he made representation i.e. Annexure-P/8 to the authority but no order has been passed by the authority so far.

Considering the aforesaid, this petition is disposed of directing respondent

Nos.3 and 4 to consider the pending representation of petitioner i.e. Annexurue-P/8 and take appropriate decision thereon within a period of 30 days from the date of submitting a copy of this order as to whether the petitioner is otherwise entitled to be appointed on the post of Junior Salesman or not.

It is made clear that this Court has not expressed any opinion on the merits of the case. The authority is free to take decision in accordance with law and also as per the entitlement of the petitioner.

With the aforesaid, this petition is disposed of. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE ac/-

Signature Not Verified SAN

Digitally signed by ANIL CHOUDHARY Date: 2022.04.12 11:20:50 IST