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Surendra Kumar vs The State Of Madhya Pradesh Home ...
2022 Latest Caselaw 14465 MP

Citation : 2022 Latest Caselaw 14465 MP
Judgement Date : 9 November, 2022

Madhya Pradesh High Court
Surendra Kumar vs The State Of Madhya Pradesh Home ... on 9 November, 2022
Author: Vijay Kumar Shukla
                                                     1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                           ON THE 9th OF NOVEMBER, 2022

                                        WRIT PETITION No. 25330 of 2022

                               BETWEEN:-
                          1.   SURENDRA KUMAR S/O BHOORE SAHU, AGED
                               ABOUT 28 YEARS, OCCUPATION: CONSTABLE
                               GD POSTED PRESENT AT 15TH BN SAF INDORE
                               ROLL NO. 23699668 INDORE (MADHYA
                               PRADESH)

                          2.   SUMIT KACHHI S/O RAMSEVAK KACHHI, AGED
                               ABOUT 28 YEARS, OCCUPATION: CONSTABLE
                               GD POSTED PRESENT AT 32 ND BN SAF UJJAIN
                               M.P. NO. 21094275 DISTRICT UJJAIN (MADHYA
                               PRADESH)

                          3.   SURENDRA KAJLE S/O DEVLAL KAJLE, AGED
                               ABOUT 34 YEARS, OCCUPATION: CONSTABLE
                               GD POSTED PRESENT AT 15TH BNK SAF
                               INDORE M.P. ROLL NO. 21181519 DISTRICT
                               INDORE (MADHYA PRADESH)

                          4.   RAJA GOUR S/O GOURI SHANKAR GOUR, AGED
                               ABOUT 31 YEARS, OCCUPATION: CONSTABLE
                               GD POSTED PRESENT AT 15TH BNK SAF
                               INDORE M.P. ROLL NO. 21221012 DISTRICT
                               INDORE. (MADHYA PRADESH)

                          5.   GOPAL NIGWAL S/O BONDER SINGH NIGWAL,
                               AGED    ABOUT     32 YEARS, OCCUPATION:
                               CONSTABLE GD POSTED PRESENT AT 15 TH BN
                               SAF INDORE (DRIVER) M.P. ROLL NO. 20964865
                               DISTRICT INDORE. (MADHYA PRADESH)

                          6.   AKHILESH PATEL S/O MAN SINGH PATEL, AGED
                               ABOUT 32 YEARS, OCCUPATION: CONSTABLE
                               GD POSTED PRESENT AT 15TH BNK SAF
                               INDORE M.P. ROLL NO. 2056264 DISTRICT
                               INDORE. (MADHYA PRADESH)

                          7.   RAHUL YADAV S/O BANSILAL YADAV, AGED
                               ABOUT 30 YEARS, OCCUPATION: CONSTABLE
                               TRADE (WATER CARRIER) POSTED PRESENT
                               AT 34TH BN SAF DHAR M.P. ROLL NO. 23642626
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 11/9/2022
6:21:13 PM
                                                       2
                                  DISTRICT DHAR. (MADHYA PRADESH)

                          8.      PURUSHOTTAM VERMA S/O KHEMCHANDRA
                                  VERMA, AGED ABOUT 30 YEARS, OCCUPATION:
                                  CONSTABLE GD POSTED PRESENT AT 32ND BN
                                  SAF UJJAIN (M.P.) ROLL NO. 20758905 DISTRICT
                                  UJJAIN (MADHYA PRADESH)

                          9.      RAHUL NAGAR S/O KARAN SINGH NAGAR,
                                  AGED     ABOUT    28  YEARS, OCCUPATION:
                                  CONSTABLE GD POSTED PRESENT AT 32ND BN
                                  SAF UJJAIN M.P. ROLL NO. 20994278 DISTRICT
                                  UJJAIN. (MADHYA PRADESH)

                          10.     SUNIL GUJAR S/O LALPTI GURJAR, AGED
                                  ABOUT 29 YEARS, OCCUPATION: CONSTABLE
                                  GD POSTED PRESNET AT 32ND BN SAF UJJAIN
                                  M.P. ROLL NO. 20677656 DISTRICT UJJAIN
                                  (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                  (SHRI PAWAN KUMAR SINGH SENGAR, LEARNED COUNSEL FOR
                                  THE PETITIONER)


                                  AND
                          1.      THE STATE OF MADHYA PRADESH HOME
                                  DEPARTMENT    PRINCIPAL SECRETARY
                                  MANTRALAYA VALLABH BHAWAN BHOPAL
                                  (MADHYA PRADESH)

                          2.      THE DIRECTOR GENERAL OF POLICE. POLICE
                                  HEADQUARTERS     (SELECTION)     P.H.Q.
                                  JAHANGIRABAD DISTRICT BHOPAL. (MADHYA
                                  PRADESH)

                          3.      THE ADDTIONAL DIRECTOR GENERAL OF
                                  P O L I C E SELECTION P.H.Q. JAHANGIRABAD
                                  DISTRICT BHOPAL. (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                                  (SHRI MUKESH KUMAWAT, LEARNED GOVERNMENT ADVOCATE
                                  FOR THE RESPONDENTS/STATE).

                                T h is petition coming on for orders this day, t h e cou rt passed the
                          following:
                                                           ORDER

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/9/2022 6:21:13 PM

Learned counsel for the petitioner submits that the present petition may b e disposed off in terms of the order dated 13.09.2022 passed in WP No.20710/2022 (Shalendra and Ors Vs. State of MP and Ors.).

Learned counsel for the petitioner makes a limited prayer that the present petition may be disposed off with a direction to the respondents to consider the representation submitted by the petitioner Annexure P/6.

It is submitted that in identical matter WP No.13443/2022 (Narottam Rawat Vs. State of MP) order dated 17.07.2022 has been disposed off by the co-ordinate bench of this Court.

Learned counsel for the petitioners has submitted that identical case has already been decided on 20.06.2022 by a coordinate bench of this Court at Principal Seat Jabalpur in Writ Petition No.10926/2022 (Sandeep Kumar Sahu S/o Shri Chhekodi & others v. The State of Madhya Pradesh and others) a copy of which has also been placed on record; and prays for issuance of similar directions to the respondents.

The petitioners further submit that in an identical issue, Co-ordinate Bench of this Court in WP No.9861/2022 has issued a direction to the concerned respondent to decide the representation of the petitioner therein in the light of the judgment of Supreme Court in the case of Ritesh R. Sah. Vs. Dr. Y.L. Yamul and Ors. reported in (1996) 3 SCC 253.

However, without expressing any opinion on the merits of the case, the petition stands disposed off with a direction to respondents No.2 & 3 to consider and decide the representation which may be filed by the petitioners within a period o f one week (as in the present case, it appears that representation has not been preferred on behalf of the petitioners) by passing a speaking and reasoned order within a period of sixty days from the date of production of copy of this Order.

With the aforesaid directions, the present petition stands disposed off.

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/9/2022 6:21:13 PM

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/9/2022 6:21:13 PM

 
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