Ved Prakash Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8663 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 29th OF JUNE, 2022

                    WRIT PETITION No. 12413 of 2022

         Between:-
         VED PRAKASH YADAV S/O NARAYAN SINGH
         YADAV , AGED - 45 YEARS, OCCUPATION:
         GOVERNMENT    TEACHER,   R/o  VILLAGE
         JOHARIYA TESHIL DATIA DISTRICT DATIA
         (MADHYA PRADESH)

                                                                .....PETITIONER
         (BY SHRI NITIN AGRAWAL-ADVOCATE)

         AND

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

2.       COMMISSIONER,   PUBLIC   INSTRUCTION
         DIRECTORATE BHOPAL (MADHYA PRADESH)

3.       JOINT DIRECTOR DEPARTMENT OF SCHOOL
         EDUCATION GWALIOR (MADHYA PRADESH)

4.       COLLECTOR DATIA DISTRICT DATIA (MADHYA
         PRADESH)

                                                              .....RESPONDENTS
         (BY SHRI DEEPAK KHOT-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 Contitution of India has been filed seeking following reliefs :

"(a) To allow the present petition with costs;

(b) To declare the suspension order dated 13.04.2022 as deemed revoked in terms of M.P. Civil Service (classification control and Appeal )Rules 1966 with the direction to permit the petitioner to continue his service at his original place of posting i.e. Government Higher Secondary School Johariya District Datia.

(c) To issue appropriate writ/order/direction to the respondents to consider the deemed revocation in accordance to law."

It is submitted by counsel for petitioner that the departmental chargesheet has been issued but continuation of his suspension order for an indefinite

period is not permissible.

It appears that the petitioner has approached to this court directly without approaching the departmental authorities who have a right to continue the suspension order after considering the facts and circumstances of each case.

Accordingly, this petition is dismissed. Needless to mention that in case if petitioner approaches the departmental authorities for revocation of his suspension order, then in the light of judgment passed by the Supreme Court in the case of Ajay Kumar Chaudhary Vs. Union of India, reported in (2015) 7 SCC 291, the departmenal authorities shall review as to whether the continuation of suspension order of petitioner is warranted or not.

It is made clear that this Court has not considered the allegations as well as whether his suspension order should be continued or not. It is exclusively within the domain of departmental authorities who shall decide the same strictly in accordance with law without getting influenced or prejudiced by the liberty

granted to the petitioner by this Court.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.06.30 10:10:01 +05'30'