Satish Kumar Jariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 4193 MP

                                                                       1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                   BEFORE
                                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                             ON THE 25th OF MARCH, 2022

                                                        WRIT PETITION No. 6966 of 2022

                                           Between:-
                                           SATISH KUMAR JARIYA S/O SHRI MADANLAL
                                           JARIYA , AGED ABOUT 55 YEARS, OCCUPATION:
                                           PRIMARY TEACHER GOVERNMENT MIDDLE
                                           SCHOOL    SUNDERPANI    BLOCK    KHIRKIYA,
                                           DISTRICT HARDA, M.P. (MADHYA PRADESH)

                                                                                                     .....PETITIONER
                                           (SHRI MOHAN SAUSARKAR, LEARNED COUNSEL FOR THE
                                           PETITIONER)

                                           AND

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

                                   2.      THE COLLECTOR HARDA DISTRICT HARDA, M.P.
                                           (MADHYA PRADESH)

                                   3.      DISTRICT EDUCATION OFFICER HARDA DISTRICT
                                           HARDA, M.P. (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                           (SHRI G.P.SINGH, 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 dated 24.10.2020 (Annexure-P/5) passed by respondent No.3, whereby petitioner has been imposed punishment of stoppage of one increment.

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

Signature Not Verified and Appeal) Rules, 1966 and as such, the present writ petition is not maintainable SAN

and deserves to be dismissed.

Digitally signed by HEMANT SARAF Date: 2022.03.25 19:13:21 IST

In light of the judgment passed by this Court in the case of Anil Kumar

Pandey Vs. Managing Director, Human Resources [2013 (1) MPWN 19], since 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: 2022.03.25 19:13:21 IST