Jai Prakash Mishra vs Rashmi Arun Shamee The State Of Madhya ...
2023 Latest Caselaw 20897 MP

Madhya Pradesh High Court

Jai Prakash Mishra vs Rashmi Arun Shamee The State Of Madhya ... on 11 December, 2023

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                            1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                 ON THE 11 th OF DECEMBER, 2023
             CONTEMPT PETITION CIVIL No. 895 of 2022

BETWEEN:-
JAI PRAKASH MISHRA S/O SHRI BHAIYA LAL MISHRA,
AGED ABOUT 52 YEARS, OCCUPATION: ASSISTANT
TEACHER PRIMARY SCHOOL MAGDI PLOT, DULAHARA
SANKUL SHAHPUR, DISTRICT (MADHYA PRADESH)

                                                   .....PETITIONER
(BY SHRI ATUL SINGH BHARADWAJ - ADVOCATE)

AND
1.    RASHMI ARUN SHAMEE THE STATE OF MADHYA
      PRADESH THROUGH PRINCIPAL SECRETARY
      EDUCATION DEPARTMENT VALLABH BHAWAN
      BHOPAL (MADHYA PRADESH)

2.    SHRI S.K. MISHRA JANPAD PANCHAYAT
      THROUGH ITS CHIEF EXECUTIVE OFFICER
      SIRMOUR REWA DISTRICT REWA M.P (MADHYA
      PRADESH)

3.    SHRI SWAPNIL BANKEDE JILA PANCHAYAT
      THROUGH ITS CHIEF EXECUTIVE OFFICER DISTT.
      REWA M.P (MADHYA PRADESH)

4.    SHRI MANOJ PUSHP COLLECTOR R EWA DISTT.
      REWA (MADHYA PRADESH)

5.    UMAKANT UNRAO PRINCIPAL SECRETARY
      PANCHAYAT AND      RURAL DEVELOPMENT
      D EPARTM EN T R/O NARMADA BHAWAN 2ND
      FLOOR C WING 59 ARERA HILLS DISTRICT
      BHOPAL M.P (MADHYA PRADESH)

6.    SHRI G.P. UPADHYAY DISTRICT EDUCATION
      OFFICER SCHOOL EDUCATION DEPARTMENT
      DISTRICT REWA M.P (MADHYA PRADESH)

7.    SHRI      GOPAL    DHAKAD       LOKAYUKT
                                2
      ES TAB LI S HM EN T DISTRICT         BHOPAL       M.P
      (MADHYA PRADESH)

                                                              .....RESPONDENTS
(RESPONDENT NO.6 BY SHRI SWAPNIL GANGULY - ADVOCATE )
(RESPONDENT NO.7 BY SHRI SATYAM AGRAWAL - ADVOCATE)

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

In compliance of order dated 08.12.2023 passed by this Court, respondent No.6 namely Shri Ganga Prasad Upadhyay, District Education Officer, Rewa, is present in person.

2. This contempt petition has been filed alleging non-compliance of order

dated 08.02.2021 passed by a co-ordinate Bench of this Court in W.P. No.14035/2019. Before the writ Court, the grievance of the petitioner with regard to non-absorption to the post of Primary Teacher had been raised. It was presumed that because of some criminal case, the petitioner's absorption was not done. Although, before the writ Court, the petitioner had submitted that neither any case of Lokayukta is pending nor he has any criminal antecedents which could deprive him to be absorbed on the post of Primary Teacher. The writ Court finally disposed of the petition directing the authority to consider the claim of the petitioner for absorption if he is not found involved in any of the criminal cases or any case of Lokayukta is not pending or initiated against him. However, it was also observed by the writ Court that if there is any other reason for non-absorption of the petitioner, then reason be assigned and communicated to the petitioner.

3. The respondents have filed reply to the contempt petition along with the judgment of the special Court in which a case got registered by the Lokayukta

alleging gross irregularity in exam of Samvida Shala Shikshak in which there is an observation that one of the accused has manipulated the answer-sheet of Jai Prakash Mishra i.e. the present petitioner and considering the said observation, the authority has not considered the case of the petitioner for his absorption to the post of Primary Teacher as there was some manipulation in his answer-sheet and that fact had to be ascertained with the record available in the criminal case. However, the respondents were failed to scrutinize the said record because the same is available in a pending appeal before the High Court. Although, they have rejected the claim of the petitioner for absorption to the post of Primary Teacher on the basis of observation made in the judgment of the special case which was passed in a case initiated by the Lokayukta.

4. Shri Ganguly, learned counsel for respondent No.6 submits that as per the information conveyed by the District Education Officer, Rewa, if the record of Lokayukta is examined and it is found that there is no manipulation in the answer-sheet of the petitioner and the observation made in the judgment of Lokayukta case is not related to the petitioner, then his case for absorption will be reconsidered. He further submits that if it is found that there is some manipulation in the answer-sheet of the petitioner, then his appointment would be in dark and the authority will initiate fresh proceeding for removing him from service. Although, the same is separate cause of action.

5. Considering the aforesaid facts and circumstances of the case, I am disposing of this petition for the reason that no case of contempt is made out against the respondents. However, the assurance is given by the authority that if nothing is found against the petitioner, then his case for absorption shall be reconsidered.

6. With the aforesaid observations, the contempt petition stands disposed of.

7. The personal presence of respondent No.6 is hereby exempted.

(SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2023.12.12 11:04:25 +05'30'