Shiv Das Rathour vs The State Of Madhya Pradesh
2022 Latest Caselaw 14568 MP

                                                           1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                          HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                ON THE 10th OF NOVEMBER, 2022

                                             WRIT PETITION No. 18873 of 2022

                                   BETWEEN:-
                                   SHIV DAS RATHOUR S/O LATE TARA CHAND
                                   RATHOUR,     AGED   ABOUT    53 YEARS,
                                   OCCUPATION: SECRETARY GRAM PANCHAYAT,
                                   KUKSIRAYYAT, JANPAD PANCHAYAT BALODI
                                   KILLODE, (UNDER     SUSPENSION) TEHSIL
                                   HARSOOD, DISTRICT KHANDWA R/O MUKAM
                                   BALIYAPURA, POST KUKSIRAYYAT TEHSIL
                                   HARSOOD, DISTRICT KHANDWA, FAX AND
                                   EMAIL- NIL (MADHYA PRADESH)

                                                                                       .....PETITIONER
                                   (BY SHRI UDYAN TIWARI, ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   THE SECRETARY PANCHAYAT AND SOCIAL
                                   WELFARE DEPARTMENT VALLABH BHAWAN
                                   BHOPAL (M.P.) VALLABH BHAWAN ,BHOPAL
                                   (M.P.) (MADHYA PRADESH)

                           2.      THE ZILA PANCHAYAT KHANDWA THROUGH
                                   ITS CHIEF EXECUTIVE OFFICER DISTRICT
                                   KHANDWA M.P. (MADHYA PRADESH)

                           3.      THE JANPAD PANCHAYAT BALADI KILLODE
                                   THROUGH ITS CHIEF EXECUTIVE OFFICER
                                   KHANDWA M.P. (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                   (BY SHRI SUBODH KATHAR, GOVT. ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

The counsel for the petitioner contends that the petitioner herein was placed under suspension on the strength of impugned order dated 21-11-2017 Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/11/2022 11:11:42 AM

which is contained in Annexure- P/1.

Counsel for the petitioner contends that the petitioner is under suspension from the date of order of notice ie. 21-11-2017. It is the further submission of the counsel that the impugned order deserves to be revoked in the light of law laid down by the Apex Court in the case of Ajay Kumar Choudhary Vs. Union of India and others reported in 2015 (7) SCC 291.

It is further contended by the counsel that in almost identical matter, the Co-ordinate Bench of this Court vide order dated 19-04-2022 passed in WP No. 20963/21 has directed the respondents therein to take a decision in the light of judgment of Ajay Kumar Choudhary (supra) as regards revocation of

suspension of the petitioner therein. The counsel for the petitioner contends that the petitioner is willing to prefer a representation in terms of law laid down by the Apex Court in the case of Ajay Kumar Choudhary (supra).

In view of the aforesaid innocuous prayer, without commenting on the merits of the case, if the petitioner prefers an application seeking revocation of suspension order dated 21-11-2017 to respondent No. 2 within a period of 15 days from today, the respondent No. 2, in- turn shall consider and decide the same in the light of judgment of the Apex Court in the case of Ajay Kumar Choudhary (supra) within a further period of 45 days by passing a well reasoned and speaking order in accordance with law.

With the aforesaid, the petition stands disposed off. C.C as per rules.

(MANINDER S. BHATTI) JUDGE PG Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/11/2022 11:11:42 AM

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/11/2022 11:11:42 AM