Munindra Kumar Paras vs The State Of Madhya Pradesh
2022 Latest Caselaw 4613 MP

                                       1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                  BEFORE
                   HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                            ON THE 31st OF MARCH, 2022

                       WRIT PETITION No. 5184 of 2020

         Between:-
         MUNINDRA KUMAR PARAS S/O SURESH DAS
         PARAS , AGED ABOUT 33 YEARS, OCCUPATION:
         UNEMPLOYED R/O. VILL. DHANAULI JANPAD
         PANCHAYAT BAJAG (MADHYA PRADESH)

                                                                  .....PETITIONER
         (By Shri Jaideep J. Sirpurkar, learned counsel)

         AND

1.       THE STATE OF MADHYA PRADESH THR THE
         SECRETARY VALLABH   BHAWAN,  BHOPAL
         (MADHYA PRADESH)

2.       COMMISSIONER JABALPUR DIVISION JABALRUR
         (MADHYA PRADESH)

3.       CHIEF EXECUTIVE OFFICER ZILA PANCHAYAT
         DISTT. DINDORI M.P. (MADHYA PRADESH)

4.       CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
         BAJAG DISTT. DINDORI M.P. (MADHYA PRADESH)

                                                                .....RESPONDENTS
         (By Shri A. S. Pathak, learned Government Advocate)

      This petition coming on for admission and interim relief this day, the court
passed the following:
                                        ORDER

The petitioner herein has challenged the impugned order dated 23.9.2019 by which the appeal filed by the petitioner against the order of termination dated 4.5.2018 (Annexure P/1) was dismissed.

Having gone through the said order, this court finds that it reflects that the petitioner's services were terminated on account of negligence, dereliction and insubordination, which is a stigmatic order.

Learned counsel for the petitioner submits that no departmental enquiry was ever carried out before the impugned order dated 4.5.2018 was passed. He has relied upon the judgments of this court passed in Writ Petition No.1930/2020 (Omnarayan Sharma v. State of M.P. and others) and Writ Petition No.16572/2014

(Ramcharan v. State of M.P. and others) where, this court has held that where termination is on account of a stigmatic order, the same cannot be passed without conducting a departmental enquiry.

Under the circumstances, in the light of these orders, the impugned orders

dated 4.5.2018 and 23.9.2019 are quashed. Consequently, the petitioner stands reinstated and shall be given all consequential benefits, which he may avail under the law. Also, liberty is given to the respondents, if required, to proceed in accordance with law against the petitioner.

With the above, the petition stands finally disposed of.

(ATUL SREEDHARAN) JUDGE ps

PRASHANT SHRIVASTAVA 2022.04.01 13:04:48 +05'30'