Madhya Pradesh High Court
Rakesh Nigam vs The State Of Madhya Pradesh on 1 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 W.P. No.27661/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 1st OF DECEMBER, 2023
WRIT PETITION No. 27661 of 2023
BETWEEN:-
RAKESH NIGAM S/O SHRI R.K. NIGAM,
AGED ABOUT 47 YEARS, R/O EX. PART TIME
TEACHER IN STENO TYPING AT
GOVERMMENT PUSUPRAJ HIGHER
SECONDARY SCHOOL GOVINDGARH
DISTRICT REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARUN KUMAR PANDEY - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH
THROUGH ITS SECRETARY SCHOOL
EDUCATION DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA
PRADESH)
2. THE COMMISSIONER PUBLIC
INSTRUCTIONS BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL )
............................................................................................................................................
This petition coming on for admission this day, the court passed the
following:
ORDER
This Petition under Article 226 of Constitution of India has been
filed against order dated 08.01.2014 passed by Commissioner, Public
Instructions, Bhopal in case No. O;k-f'k{kk@,l@2013@05.
2. Since this petition has been filed after nine years of passing of
impugned order, therefore, petitioner has given explanation in clause 4
of writ petition, which reads as under:
"4. DELAY, IF ANY, IN FILING THE PETITON
& EXPLANATION THEREFORE.
The petitioner declares that he had filed W.P.
18602/2012 before this Hon'ble Court and the
Hon'ble Court directed to pass speaking order. The
respondents had not passed any order therefore,
petitioner was compelled to file Conc Case
1644/2013 in which the respondents filed the reply
on 05.06.2015 alongwith impugned order dated
08.01.2014. A copy of reply is filed as Annexure
P/3. However, the counsel for the petitioner did
not inform about the passing of the impugned
order which was filed alongwith reply dated
05.06.2015. The petitioner requested his counsel
for getting decided the Contempt case 1644/2013.
In turn the counsel informed that he was pursuing
the case and filed urgent hearing application on
03.04.2018. A copy of application for urgent
hearing is filed as Annexure P/4. The petitioner
time and again requested the counsel to pursue his
case, however, the counsel has never told about the
passing of impugned order dated 08.01.2014. The
petitioner obtained NOC from earlier counsel and
shown the file to new counsel in the month of July
2023. The new Counsel has advised that since the
impugned order has been passed and therefore, no
relief can be granted in Contempt Case and the
same can be challenged in Writ Petition advised to
withdraw the contempt case with liberty to
challenged impugned order. Accordingly, the
Contempt Case was withdrawn on 28.07.2023 with
liberty to challenge impugned order. Immediately,
thereafter, the petition was filed. Hence, there is no
delay in filing the petition."
3. From the plain reading of this explanation, it is clear that
petitioner has alleged professional misconduct against his earlier
counsel. However, in the light of judgment passed by Supreme Court in
the case of R. Muthukrishnan Vs. High Court of Madras reported in
(2019) 16 SCC 407, this Court cannot look into allegations of
professional misconduct against the lawyer and the only competent
authority is the Bar Council.
4. Admittedly, petitioner has not approached the Bar Council against
his earlier counsel complaining professional misconduct.
5. Accordingly, for the time being, it is held that petitioner has failed
to point out any sufficient cause for condonation of delay. However,
liberty is granted that in case, if petitioner approaches the Bar Council
and successfully establishes allegation of professional misconduct
against his earlier counsel, then he shall be at liberty to file a fresh writ
petition alongwith an order passed by the Bar Council.
6. With aforesaid liberty, the petition is dismissed.
(G.S. AHLUWALIA)
JUDGE
SR*
Date: 2023.12.01 15:31:25 +05'30'
