Rajveer Singh Hindoliya vs The State Of Madhya Pradesh
2022 Latest Caselaw 9675 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 14th OF JULY, 2022

                   WRIT PETITION No. 15106 of 2022

        Between:-
        RAJVEER SINGH HINDOLIYA S/O SHRI
        SHUKHRAM, AGED     ABOUT    41 YEARS,
        OCCUPATION-       FOREST        GUARD
        (VANPARIKSHTRA      PALPUR       KUNO
        NATIONALPARK DHORET VANPARIKSHETRA
        SHEOPUR)   PERMANENT    R/O   AADARSH
        COLONY KHERITOR, MEHGAON DISTRICT
        BHIND (MADHYA PRADESH)

                                                                .....PETITIONER
        (BY SHRI AJIT SINGH BHADAURIYA - ADVOCATE)

        AND

1.      STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL     SECRETARY,     FOREST
        DEPARTMENT     MANTRALAYA,   VALLAB
        BHAWAN BHOPAL (MADHYA PRADESH)

2.      MUKHYA VAN SANRAKSHAK, VAN VIBHAG,
        SATPURA  BHAWAN BHOPAL    (MADHYA
        PRADESH)

3.      VAN M AN D ALD HIKAR I KUNO VANYPRANI
        VANMANDAL SHEOPUR (MADHYA PRADESH)

4.      V A N P R I K S H E T R A D H I K A R I PALPUR
        PASHICHAM SHEOPUR DISTRICT SHEOPUR
        (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI DEVENDRA CHAUBEY - GOVERNMENT ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

This petition under Article 226 of the Constitution of India has been filed

seeking the following reliefs:-

1- ;gfd] ;kfpdkdrkZ }kjk izLrqr ;kfpdk Lohdkj dj iz'kuk/khu vkns'k 29-12-

2021 ¼,usDpj [email protected]½ dks fo}ku vihyh; U;k;ky; ds le{k fopkjk/khu vihy ds vafre fujkdj.k gksus rd LFkfxr j[kk tkosA 2- ;g fd vU; vkns'[email protected]'k tks ekuuh; U;k;ky; mfpr le>s U;k;fgr esa ikfjr fd, tkus dh d`ik djsA The contention of the petitioner is that in a departmental enquiry, an order of punishment was passed against the petitioner. The petitioner has preferred a departmental appeal on 26/01/2022 against the order dated 29/12/2021. However, the said appeal is still pending and has not been decided so far and thus, it is prayed that the appellate authority may be directed to decide the appeal as early as possible as the petitioner is suffering irreparable loss.

Per contra, the petition is vehemently opposed by the counsel for the State. However, it is submitted that in case, if the appeal is still pending, then the same shall be decided as expeditiously as possible.

Heard the learned counsel for the parties.

The short question of controversy involved in the present case is that the appeal filed by the petitioner against the judgment of punishment imposed in a departmental enquiry is still pending for the last more than five months.

Under these circumstances, the appellate authority is directed to take up the matter at the earliest and decided the appeal as expeditiously as possible within a period of three months from the date of receipt of certified copy of this order.

Needless to mention here that the direction to decide the appeal should not be construed as a direction to allow the appeal and the appeal shall be directed strictly in accordance with law without getting influenced and prejudiced by this order.

Accordingly, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.14 17:19:44 -07'00'