Rajendra Prasad Mishra vs The State Of M.P
2022 Latest Caselaw 2539 MP

                                                                   1
                                         The High Court Of Madhya Pradesh
                                                   WP No. 3377 of 2021
                                              (RAJENDRA PRASAD MISHRA Vs THE STATE OF M.P AND OTHERS)

                                Jabalpur, Dated : 23-02-2022
                                      Shri Himanshu Shukla, learned counsel for the petitioner.

                                      Shri Mukund Agrawal, learned Government Advocate for the
                                respondents/State.

Petitioner has filed this writ petition for quashing of impugned order dated 22.12.2020 (Annexure P/1).

Counsel appearing for the petitioner submits that in similar matter, Indore Bench of this Court in W.P. No.15511/2019 has granted stay vide order dated 31.07.2019, hence, impugned order deserves to be stayed. The order passed by the Indore Bench reads as under :

"Shri Rohit Mangal learned counsel for petitioner. Shri Pawan Sharma learned counsel for respondent/State. Heard on the question of admission and interim relief. B y this writ petition, the petitioner has challenged the suspension order dated 27/7/2019 whereby petitioner has been suspended under Rule 7 of MP Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011.

Learned counsel for petitioner submits that in the unamended Rule 7 there was a provision to suspend the Panchayat Secretary since the MP Panchayat Service (Discipline and Appeal) Rules, 1999 were applicable. He further submits that now the Rule has been amended by notification dated 9/8/2017 and under the amended Rule 7 there is no provision for suspension. Hence the order of suspension passed under Rule 7(2)(c)(d) & (f) of Rules, 2011 is unsustainable. He has also placed reliance upon Division Bench judgment of this court in the matter of Jugal Kishore Chourasia Vs. State of Madhya Pradesh reported in 2014 SC Online MP 1730 and has submitted that the order becomes faulty even if incorrect provision is mentioned in the said order while exercising the power.

Issue notice on admission and interim relief to the respondents Signature Not Verified on payment of process fee within one week, returnable within SAN

four weeks.

Digitally signed by VARSHA CHOURASIYA Date: 2022.02.24 11:19:47 IST Till the next date of hearing order of suspension dated

27/7/2019 shall remain stayed."

Prima facie, there appears to be parity. In order to maintain parity, impugned order of suspension dated 22.12.2020 is stayed till the next date of hearing.

Issue notice to the respondents on payment of process fee within a period of seven days, returnable within three weeks.

List this matter along with WP No.28055/2019 and W.P. No.583/2020. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE

vc

Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2022.02.24 11:19:47 IST