Kamlesh Kumar Gautam vs The State Of Madhya Pradesh
2022 Latest Caselaw 12921 MP

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                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                              ON THE 26th OF SEPTEMBER, 2022

                                           WRIT PETITION No. 21276 of 2022

                                BETWEEN:-
                                KAMLESH KUMAR GAUTAM         S/O SHRI
                                RAJESHWARI PRASAD GAUTAM, AGED ABOUT
                                46     YEARS, OCCUPATION:  PANCHAYAT
                                SECRETARY (UNDER SUSPENSION) GRAM
                                PANCHAYAT   SUTI  JANPAD   PANCHAYAT
                                TEONTHAR DISTIRCT REWA M.P. (MADHYA
                                PRADESH)

                                                                                    .....PETITIONER
                                (BY SHRI RAHUL MISRHA, ADVOCATE)

                                AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                ITS PRINCIPAL SECRETARY PANCHAYAT AND
                                RURAL      DEVELOPMENT     DEPARTMENT
                                VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                PRADESH)

                          2.    THE COMMISSIONER DIRECTORATE OF
                                PANCHAYAT RAJ SATPURA BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          3.    THE       COLLECTOR      (PANCHAYAT)
                                COLLECTORATE CAMPUS, DISTRICT REWA
                                (MADHYA PRADESH)

                          4.    JILA PANCHAYAT THROUGH ITS CHIEF
                                EXECUTIVE OFFICER JILA PANCHAYAT REWA
                                DISTRICT REWA (MADHYA PRADESH)

                          5.    JANPAD PANCHAYAT THROUGH ITS CHIEF
                                EXECUTIVE  OFFICER JANPAD PANCHAYAT,
                                TEONTHAR,  DISTRICT   REWA (MADHYA
                                PRADESH)

                                                                                 .....RESPONDENTS
                                (BY SHRI RAJESH CHAND, GOVT. ADVOCATE.)

Signature Not Verified
                               This petition coming on for admission this day, th e court passed the
Signed by: PARMESHWAR
GOPE
Signing time: 9/28/2022
10:56:51 AM
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                          following:
                                                              ORDER

The counsel for the petitioner submits that the petitioner herein was placed under suspension vide order dated 05-04-2018 on the ground that a criminal case was registered against the petitioner under the Sections 13(1) (d) and 13(2) of Prevention of Corruption Act, 1988 and under Sections 120-B, 420, 467, 468, 471, 477 (ka) of IPC.

Counsel for the petitioner contends that the petitioner herein has been acquitted so far as criminal case is concerned and judgment of acquittal is placed on record as Annexure P/2. The petitioner herein has already been

acquitted and thus, in terms of provisions of Circular dated 30-08-2002 contained in Annexure P/5, the authorities are required to revoke the order of suspension of the petitioner.

Counsel for the petitioner submits that the petitioner has already moved a representation to respondent No. 4, which is contained in Annexure P/4 dated 17-03-2022 thus, submits that an appropriate direction be issued to the respondent No. 4 to take a decision on petitioner's representation.

In view of the aforesaid innocuous prayer, without commenting on the merits of the case, the respondent No. 4 is directed to take a decision on petitioner's representation dated 17-03-2022 contained in Annexure- P/4 in the light of Circular dated 30-08-2002 ( Annexure P/5) within a period of 90 days from the date of production of the certified copy of this order by passing a well reasoned and speaking order in accordance with law.

With the aforesaid, the petition stands disposed off.

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 9/28/2022 10:56:51 AM

(MANINDER S BHATTI) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 9/28/2022 10:56:51 AM