Sanjay Dubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 3091 MP

                                                       W.P. No.3460/2022

                                        1



IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                            BEFORE
     HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                    ON THE 4th OF MARCH, 2022
               WRIT PETITION No. 3460 of 2022
       Between:-
       SANJAY DUBEY S/O SHRI GANGA PRASAD
       DUBEY , AGED ABOUT 52 YEARS,
       OCCUPATION: ASSISTANT GRADE II
       (SUSPENDED) O/o CHIEF MEDICAL AND
       HEALTH OFFICER, BETUL R/O BLOCK
       NO. 4 OM RESIDENCY, IN FRONT OF
       BETUL OIL MILL BETUL, DISTRICT
       BETUL (M.P.) (MADHYA PRADESH)



                                                      .....PETITIONER
       (SHRI ADMYA BAJPAI, LEARNED COUNSEL FOR THE
       PETITIONER )
       AND
1.     THE STATE OF MADHYA PRADESH
       THROUGH ITS PRINCIPAL SECRETARY
       HEALTH     AND   FAMILY WELFARE,
       MANTRALAYA     VALLABH   BHAWAN
       DISTRICT- BHOPAL MP



2.     REGIONAL      DIRECTOR     HEALTH
       SERVICES, BHOPAL DIVISION DISTRICT-
       BHOPAL (M.P.)



3.     CHIEF MEDICAL AND HEALTH OFFICER
       OFFICE OF CHIEF MEDICAL AND
       HEALTH OFFICER DISTRICT BETUL M.P.



                                                    .....RESPONDENTS
       (SHRI PRAVEEN NAMDEO, LEARNED GOVERNMENT
       ADVOCATE FOR THE RESPONDENTS/STATE )

      This petition coming on for admission and interim relief this day,

the court passed the following:

                                  ORDER

This petition under Article 226 of the Constitution of India has

been filed seeking following relief:-

W.P. No.3460/2022

"(i) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to call for the entire records with regard to the case of petitioner from respondents for its perusal.

(ii) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to quash the impugned order of suspension dated 23/07/2021 (Annexure P/1) by directing respondent No.2 to reinstate the services of the petitioner forthwith in the interest of justice.

(iii) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to respondents to review the case of petitioner for suspension in terms of GAD circular dated 28/01/2013 in the interest of justice.

(iv) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to respondent No.2 to alternatively, consider the representation of petitioner contained in Annexure-P/2 in terms of 1st proviso to rule-9(5)(a) of the CCA rules in the interest of justice.

(v) Any other appropriate writ, direction or order against the respondents be issued in favor of the petitioners with cost of the petition."

2. Learned counsel for the petitioner submitted that owing to some

criminal case registered against the petitioner, he was placed under

suspension vide order dated 23.07.2021 (Annexure P/1). Thereafter, the

suspension order was revised. No order has been passed by the

respondents/authorities taking a final decision in the matter regarding

issuance of charge-sheet or conducting departmental enquiry against the

petitioner. Even the suspension order has not been reviewed/revoked.

W.P. No.3460/2022

Learned counsel for the petitioner has placed reliance on the judgment of

Supreme Court in the case of Ajay Kumar Chaudhary Vs. Union of

India and another as reported in (2015) 7 SCC 291, wherein it has

been observed that suspension cannot be continued for an inordinate

period. In such circumstances, keeping the petitioner under suspension

for indefinite period is illegal. Learned counsel for the petitioner seeks a

direction to the respondents/authorities to pass the final order with

respect to suspension of the petitioner.

3. On the other hand, learned Government Advocate for the State

submitted that the petitioner is having a remedy of appeal before the

appellate authority. However, he submitted that in case any

representation, which may have been filed by the petitioner, is pending,

the same shall be considered and decided expeditiously.

4. Considering the totality of the facts and circumstance of the case

as well as the dictum of the Apex Court in the case of Ajay Kumar

Chaudhary (supra), the petitioner is directed to file a fresh

representation before the respondents/competent authority within a

period of seven days from today. If such representation is filed within

the aforesaid period, the competent authority is directed to decide the

same as expeditiously as possible, preferably within a period of four

weeks, in accordance with law and pass a reasoned and speaking order.

The order passed may be communicated to the petitioner forthwith.

W.P. No.3460/2022

5. It is made clear that this Court has not expressed any opinion on

the merits of the case.

With the aforesaid direction, this petition stands disposed of.

(S. A. DHARMADHIKARI) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.03.04 17:06:48 +05'30'