Rakesh Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 2989 MP

                                                                          1
                                        IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                    BEFORE
                                             HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                                   ON THE 3rd OF MARCH, 2022

                                                          WRIT PETITION No. 3810 of 2022

                                            Between:-
                                            RAKESH JAIN S/O SHRI KAILASH CHANDRA JAIN ,
                                            AGED ABOUT 48 YEARS, OCCUPATION: PRIMARY
                                            TEACHER R/O GOVERNMENT MIDDLE SCHOOL
                                            BADAGAON JANPAD RITHI DISTRICT KATNI M.P.
                                            (MADHYA PRADESH)

                                                                                                     .....PETITIONER
                                            (SHRI D.K.TRIPATHI, LEARNED COUNSEL FOR THE PETITIONER)

                                            AND

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

                                   2.       DISTRICT EDUCATION OFFICER KATNI DISTRICT-
                                            KATNI, M.P. (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                            (SMT.GULABKALI PATEL, LEARNED GOVT. ADVOCATE FOR THE
                                            RESPONDENT/STATE)

                                         This petition coming on for admission on this day, the court passed the

                                   following:
                                                                           ORDER

This petition under Article 226 of the Constitution of India has been filed being aggrieved by the order of suspension dated 05.02.2022 (Annexure-P/1) passed by respondent No.2, whereby petitioner has been placed under suspension leveling various allegations.

2. At the outset, learned counsel for the respondents/State has pointed out that the statutory efficacious alternative remedy of filing an appeal is available to the petitioner under Rule 23 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 and as such, the present writ petition is not maintainable and deserves to be dismissed.

In light of the judgment passed by this Court in the case of Anil Kumar Signature Not Verified SAN Pandey Vs. Managing Director, Human Resources [2013 (1) MPWN 19], since Digitally signed by HEMANT SARAF Date: 2022.03.05 11:36:47 IST efficacious statutory alternative remedy of appeal is available, this Court is not

inclined to entertain this petition however, relegates the petitioner to avail the aforesaid alternative remedy by filing an appeal before the competent Authority within a period of 15 days' from the date of receipt of certified copy of the order passed today. If such appeal is filed by the petitioner within the aforesaid period,

the competent Authority shall decide the same as expeditiously as possible preferably within a period of two months and pass a reasoned and speaking order in accordance with law.

It is made clear that, this Court has not expressed any opinion on merits of the case.

With the aforesaid, this petition stands disposed of. Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.03.05 11:36:47 IST