R.P. Namdeo vs The State Of Madhya Pradesh
2022 Latest Caselaw 6509 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                     BEFORE
                                              HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                                ON THE 29th OF APRIL, 2022

                                                          WRIT PETITION No. 8276 of 2022

                                             Between:-
                                             R.P. NAMDEO S/O SHRI DAYARAM NAMDEO,
                                             AGED ABOUT 54 YEARS, OCCUPATION: WORKING
                                             AS INCHARGE PRINCIPAL GOVT. BOYS H.S.S.
                                             SHAHPUR, BLOCK AND DISTRICT SAGAR
                                             (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                             (BY SHRI RAJESH PRASAD PANDEY, LEARNED COUNSEL FOR THE
                                             PETITIONER)

                                             AND

                                     1.      THE STATE OF MADHYA PRADESH THROUGH
                                             PRINCIPAL SECRETARY SCHOOL EDUCATION
                                             DEPARTMENT MANTRALAYA VALLABH BHAWAN
                                             BHOPAL (MADHYA PRADESH)

                                     2.      THE  COMMISSIONER PUBLIC INSTRUCTIONS
                                             BHOPAL M.P. (MADHYA PRADESH)

                                     3.      THE COMMISSIONER SAGAR DIVISION SAGAR
                                             M.P. (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                             (BY SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE
                                             FOR THE RESPONDENTS/STATE)

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

This petition under Article 226 of the Constitution of India has been filed being aggrieved by the orders dated 01.04.2022 (Annexure-P/1) and 15.09.2008 (Annexure-P/2) passed by respondent No.3 and respondent No.1 respectively, whereby petitioner has been placed under suspension.

2. At the outset, 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

Signature Not Verified and Appeal) Rules, 1966 and as such, the present writ petition is not maintainable SAN

and deserves to be dismissed.

Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.04.29 15:52:23 IST

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 statutory alternative remedy of appeal is available, this Court is not inclined to entertain this petition however, relegates the petitioner to avail the aforesaid alternative remedy by filing an appeal before the competent Authority

within a period of 15 days' from the date of receipt of certified copy of the order passed today. If such appeal is filed by the petitioner within the aforesaid period, the competent Authority shall decide the same as expeditiously as possible preferably within a period of two months and pass a reasoned and speaking order in accordance with law.

The petitioner would be at liberty to file application seeking stay of the order of suspension, if so advised, which shall be considered by the authorities at the earliest.

It is made clear that, this Court has not expressed any opinion on merits of the case.

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

(S. A. DHARMADHIKARI) JUDGE DPS

Signature Not Verified SAN

Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.04.29 15:52:23 IST