Prakash Narayan Pandey vs The State Of Madhya Pradesh
2022 Latest Caselaw 1604 MP

                                                                       1
                                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                     BEFORE
                                                     HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                                  CHIEF JUSTICE
                                                                        &
                                               HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                             ON THE 4th OF FEBRUARY, 2022

                                                           WRIT APPEAL No. 69 of 2022

                                               Between:-
                                               PRAKASH NARAYAN PANDEY S/O SHRI
                                               RAMADHAR PANDEY, AGED ABOUT 42
                                               YEARS, OCCUPATION: WORKING AS MIDDLE
                                               TEACHER GOVT. HIGHER SECONDARY
                                               SCHOOL, BLOCK HATTA, DISTRICT DAMOH
                                               (MADHYA PRADESH)

                                                                                                  .....APPELLANT
                                               (BY SHRI MOHAN SAUSARKAR, ADVOCATE )

                                               AND

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

                                      2.       THE COLLECTOR SARVA SHIKSHA ABHIYAN
                                               D AM OH DISTRICT DAMOH M.P. (MADHYA
                                               PRADESH)

                                      3.       THE DISTRICT EDUCATION OFFICER DAMOH
                                               DISTRICT DAMOH M.P. (MADHYA PRADESH)

                                      4.       CHIEF  EXECUTIVE   OFFICER  JANPAD
                                               PANCHAYAT HATTA DISTRICT DAMOH M.P.
                                               (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                               (SHRI A. RAJESHWAR RAO, GOVERNMENT ADVOCATE FOR
                                               RESPONDENTS NO. 1 TO 4. )
                                                           (Heard through Video Conferencing)
                                             This appeal coming on for orders this day, Hon'ble Shri Justice
                                      Ravi Malimath, Chief Justice passed the following:
                                                                        ORDER

The petitioner was issued an article of charge and was placed under suspension. Questioning the same, the instant writ petition was filed. The learned Single Judge vide order dated 12.01.2022 passed in W.P. No. 28938 Signature Not Verified SAN of 2021 came to the view that the petitioner has a remedy of filing an appeal

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2022.02.04 18:45:17 IST

as provided under Rule 23 of the CCS (CCA) Rules, 1965. Therefore, the petitioner was granted liberty to file an appeal. Questioning the same, the instant writ appeal is filed.

The learned counsel for the appellant contends that there is no material either to suspend the petitioner or to issue a charge sheet. That the material does not disclose any charge against the petitioner. That in a similar matter,

the learned Single Judge of this court in his order dated 24.10.2017 passed in W.P. No. 14176 of 2017 (Smt. Nahid Jahan Vs. State of M.P. and others) came to the conclusion that even though there exists an alternative remedy, the same is not a bar to exercise a writ jurisdiction of this court. Hence, he pleads that the appeal be allowed.

On hearing the learned counsels, we do not find any merit to entertain this appeal. The contention of the appellant that there are no merits in the charges that have been issued, are all matters to be decided in the enquiry. The writ court cannot undertake an exercise of going into the merits of the charges levelled against the petitioner at this stage. Secondly, a remedy of an appeal has been provided under Rule 23 of the CCA Rules. The reliance placed by the learned counsel for the appellant on the judgment referred above, in our considered view is misplaced. There is no declaration of law therein. There is no dispute that even though an alternative remedy is available, a writ court cannot exercise jurisdiction. However, the learned Single Judge therein felt that in the peculiar factual matrix of the case, the learned Single Judge was not inclined to relegate the petitioner to avail alternative remedy. Therefore that judgment has been delivered on the facts and circumstances involved in that case. It cannot be cited as a precedent to be followed in other cases.

Hence, we are of the view that the reliance placed by the petitioner on the said judgment is misconceived.

For all the aforesaid reasons, the appeal being devoid of merit is accordingly dismissed.

Signature Not Verified SAN

Digitally signed by MANVENDRA SINGH PARIHAR Date: 2022.02.04 18:45:17 IST

Pending interlocutory applications also stand disposed off.

                                            (RAVI MALIMATH)                 (PURUSHAINDRA KUMAR KAURAV)
                                              CHIEF JUSTICE                            JUDGE
                                      MSP




Signature Not Verified
  SAN




Digitally signed by MANVENDRA SINGH
PARIHAR
Date: 2022.02.04 18:45:17 IST