Rahul Choubey vs Indian Red Cross Society (State ...
2022 Latest Caselaw 2283 MP

                                                                       1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                             HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                            ON THE 18th OF FEBRUARY, 2022

                                                         WRIT PETITION No. 9712 of 2021

                                            Between:-
                                            RAHUL CHOUBEY S/O SHRI K.K. CHOUBEY , AGED
                                            ABOUT    48   YEARS, OCCUPATION: PUBLIC
                                            RELATION OFFICER INDIA RED CROSS SOCIETY
                                            (STATE  BRANCH)    B-41  GAUTAM    NAGAR
                                            GOVINDPURA BHOPAL MP (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                                            (SHRI SAMDARSHI TIWARI, LEARNED COUNSEL FOR THE
                                            PETITIONER )

                                            AND

                                    1.      INDIAN RED CROSS SOCIETY (STATE BRANCH
                                            M.P. ) THR. THE GENERAL SECRETARY RED
                                            CROSS BHAWAN SHIVAJI NAGAR BHOPAL MP
                                            (MADHYA PRADESH)

                                    2.      SHRI ASHUTOSH RASIK BIHARI PUROHIT THE
                                            THEN CHAIRMAN, INDIAN RED CROSS SOCIETY
                                            (STATE BRANCH, M.P.) RED CROSS BHAWAN,
                                            SHIVAJI NAGAR BHOPAL (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                            (SHRI D.K.KAURAB, LEARNED COUNSEL FOR THE RESPONDENTS)

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

The petitioner has assailed the order dated 15.6.2020 (Annexure P-5) passed by the respondent no.1; whereby the punishment of down-grading the pay to the minimum of the pay scale, which would have impact of forfeiture of all increments of pay, has been imposed upon the petitioner.

At the outset, learned counsel for respondents submits that the petition is not maintainable inasmuch as the Indian Red Cross Society is not the State within the meaning of Article 12 of the Constitution of India. In support of his contention, he has relied on the judgment of the High Court of Patna rendered in the case of Er.Ramesh Kumar Vs. Indian Red Cross Society, 2017 SCC Signature Not Verified SAN Online, Patna 3407 as well as the judgment of High Court of Delhi rendered in Digitally signed by TRUPTI GUNJAL Date: 2022.02.22 13:37:27 IST the case of Sarmukh Singh Vs. Indian Red Cross Society, 1985 SCC Online

Del 542, wherein it is held that the Indian Red Cross Society is not State within the meaning of Article 12 of the Constitution of India and both the petitions were dismissed on the ground of maintainability. He also relied on the order passed by this Court in Writ Petition No.20757/2017 (M/s.New Balaji Chemist Vs. Indian Red

Cross Society).

In view of the aforesaid orders passed in the case of Er.Ramesh Kumar.(supra) and Sarmukh Singh (Supra) as well as the order passed by this Court in Writ Petition No.20757/2017 (M/s.New Balaji Chemist Vs. Indian Red Cross Society), the respondents/Indian Red Cross Society cannot be held to be an authority under Article 12 of the Constitution of India.

In the result, the petition is dismissed.

(S. A. DHARMADHIKARI) JUDGE TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2022.02.22 13:37:27 IST