Mahesh Chandra Chaudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 13591 MP

                                                              1
                           IN      THE      HIGH       COURT OF MADHYA                      PRADESH
                                                         AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 14 th OF OCTOBER, 2022
                                               WRIT PETITION No. 22996 of 2022

                           BETWEEN:-
                           MAHESH CHANDRA CHAUDHARY S/O SHRI RAM
                           CHANDRA CHAUDHARY, AGED ABOUT 62 YEARS,
                           VILLAGE SIROLIYA, DISTRICT DEWAS (MADHYA
                           PRADESH)

                                                                                          .....PETITIONER
                           (SHRI VIVEK SHARAN, LEARNED COUNSEL FOR THE PETITIONER)

                           AND
                           1.     THE STATE OF MADHYA PRADESH PRINCIPAL
                                  SECRETARY    DEPARTMENT    OF   ANIMAL
                                  HUSBANDRY AND DAIRY VALLABH BHAWAN,
                                  BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                           2.     THE DIRECTOR DEPARTMENT OF ANIMAL
                                  HUSBANDRY AND DAIRY KAMDHENU BHAWAN,
                                  VAISHALI NAGAR, BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                            (SHRI VAIBHAV BHAGWAT APPEARING ON BEHALF OF ADVOCATE
                            GENERAL)

                           This petition coming on for orders this day, the court passed the following:
                                                               ORDER

In the present petition, the petitioner is aggrieved by the order dated 18.07.2022 passed by the respondent no.2, whereby, the petitioner's application for review of order dated 15.07.2021 has been dismissed.

The petitioner was posted as Assistant Veterinary Doctor in the respondent no.2/department. He was convicted for the offence under section 323/34 of the IPC and also sentenced to undergo six months RI with fine of Rs.500/- and in Signature Not Verified Signed by: SOURABH YADAV Signing time: 10/14/2022 5:37:31 PM

case of default, he has to undergo with usual default stipulation. The petitioner has challenged the aforesaid order of conviction in criminal appeal no.9313/2019 and by order dated 05.11.2019, the jail sentence of the petitioner has been suspended. Thereafter, the petitioner filed an application for review of the order of dismissal of service and the said application has been dismissed by order dated 18.07.2022. Against the said order, the petitioner has preferred an appeal before the respondent no.1 on 29.07.2021.

Learned counsel for the petitioner submits that merely on the basis of conviction, the service of the petitioner could not have been dismissed. He has submitted that the competent authority has to examine whether the conduct of

the petitioner had led to the conviction in the said case. In support of his submissions, he has placed reliance on the judgment passed by the Apex Court in the case of State of MP Vs. Hazarilal (Civil Appeal No.6498/2005). Learned counsel for the respondent/state submits that the present petition cannot be entertained as the petitioner has already filed an appeal against the impugned order before the respondent no.1 and the same is pending for consideration. The Appellate Authority shall take into consideration all the contentions raised by the petitioner.

After hearing learned counsel for the parties, I deem it proper to dispose off the present petition with a direction to the respondent no.1 to consider and decide the pending appeal of the petitioner in accordance with the law within the period of two months from the date of communication of the order by passing a reasoned and speaking order taking into consideration the judgment passed by the Apex Court in the case of Hazarilal (supra). The petitioner is directed to file copy of the judgment passed in the case of Hazarilal (supra) and copy of the order passed today before the Appellate Authority within the period of Signature Not Verified Signed by: SOURABH YADAV Signing time: 10/14/2022 5:37:31 PM

seven working days from today.

With the aforesaid, the present petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 10/14/2022 5:37:31 PM