Uttam Chandra Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 4107 MP

                                                W.P. No.3373/2022

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                            BEFORE
     HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                   ON THE 24th OF MARCH, 2022
               WRIT PETITION No. 3373 of 2022
       Between:-
       UTTAM CHANDRA JAIN S/O GYAN
       CHANDRA JAIN , AGED ABOUT 58 YEARS,
       OCCUPATION:    SAHAYAK   SHIKSHAK
       WARD NO.10, GHUWARA, DISTRICT
       CHHATARPUR (MADHYA PRADESH)



                                                .....PETITIONER
       (SHRI ISHAN SONI, LEARNED COUNSEL FOR THE
       PETITIONER )

       AND

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



2.     COLLECTOR            CHHATARPUR
       COLLECTORATE,           DISTRICT-
       CHHATARPUR (MADHYA PRADESH)



3.     PRINCIPAL GOVERNMENT BOYS HIGHER
       SECONDARY    SCHOOL,  GHAUWARA,
       DISTRICT-CHHATARPUR     (MADHYA
       PRADESH)



4.     DISTRICT   EDUCATION    OFFICER
       CHHATARPUR DISTRICT-CHHATARPUR
       (MADHYA PRADESH)



5.     SUB    DIVISIONAL    MAGISTRATE
       BADAMALEHRA,           DISTRICT-
       CHHATARPUR (MADHYA PRADESH)



                                             .....RESPONDENTS
                                                                 W.P. No.3373/2022

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

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

the following:

                                    ORDER

This petition under Article 226 of the Constitution of India,

has been filed seeking following relief:

i. Issue a Writ/Writs, Order/Orders of appropriate nature quashing the order dated 27.11.2021 and further directing the Respondents to forthwith reinstate the Petitioner and to permit the Petitioner to resume the services.

                 ii.    Issue        a          Writ/Writs,
                        Order/Orders of appropriate
                        nature         directing         the
                        Respondents to produce the
                        entire record on the basis of
                        which      the     Petitioner      is
                        suspended vide order dated
                        27.11.21.
                 iii.   Issue        a          Writ/Writs,
                        order/Orders       directing     the
                        Respondents to pay the
                        Petitioner              subsistence
                        allowances on time and as per
                        the rules.
                 iv.    Issue        a          Writ/Writs,
                        Order/Orders of appropriate

nature directing the respondents to decide the application/representation of the petitioner.

                 v.     Any other relief this Hon'ble
                        Court deems fit and proper in
                        the     present       facts     and
                                                             W.P. No.3373/2022





                     circumstances of the case may
                     also be passed.
               vi.   Cost be awarded to the
                     petitioner.

2. Learned counsel for the petitioner submitted that owing to

some irregularities in discharging the duties in respect of not

submitting the details of COVID-19 vaccination in the meeting

dt.27.11.2021, petitioner was placed under suspension vide order

dt.27.11.2021 (Annexure P/4). Thereafter, no order has been passed

by the respondents/authorities taking final decision regarding

charge sheet or conducting departmental enquiry against the

petitioner. Even suspension order has not been revoked.

3. 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.

4. On the other hand, learned Government Advocate for the

respondents/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.

W.P. No.3373/2022

5. 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 and pass a reasoned and speaking

order. The order passed may be communicated to the petitioner

forthwith.

6. 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: 2022.03.25 17:27:53 +05'30'