Dr. Kalpana Tiwari vs State Of Madhya Pradesh
2023 Latest Caselaw 22087 MP

Citation : 2023 Latest Caselaw 22087 MP
Judgement Date : 21 December, 2023

Madhya Pradesh High Court

Dr. Kalpana Tiwari vs State Of Madhya Pradesh on 21 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                         1


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                          BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
              ON THE 21st OF DECEMBER, 2023
              WRIT PETITION No. 30843 of 2023

BETWEEN:-

DR. KALPANA TIWARI D/O SHRI TULSIRAM
TIWARI, AGED ABOUT 50 YEARS, OCCUPATION:
S.D.O. FOREST SOUTH PANNA FOREST DIVISION
(T) R/O NEAR STATE BANK OF INDIA, BRANCH
KATNI ROAD, PAWAI DISTRICT PANNA
(MADHYA PRADESH)
                                                .....PETITIONER
(BY SHRI ANSHUMAN SINGH - ADVOCATE)

AND

1.    STATE OF MADHYA PRADESH THROUGH
      THE PRINCIPAL SECERTARY GENERAL
      ADMINISTRATION       DEPARTMENT
      VALLABH BHAWAN, BHOPAL (MADHYA
      PRADESH)

2.    THE ADDITIONAL CHIEF SECRETARY
      FOREST DEPARTMENT GOVERNMENT OF
      MADHYA PRADESH VALLABH BHAWAN
      BHOPAL (MADHYA PRADESH)

3.    THE PRINCIPAL CHIEF CONSERVATOR OF
      FOREST MADHYA PRADESH SATPURA
      BHAWAN BHOPAL (MADHYA PRADESH)

4.    THE DIVISIONAL FOREST OFFICER SOUTH
      PANNA FOREST DIVISION (T) PANNA
      (MADHYA PRADESH)

5.    THE  DIVISIONAL  FOREST OFFICER
      TIKAMGARH FOREST DIVISION (GEN)
      (MADHYA PRADESH)
                                        2


  6.         THE     UNION   PUBLIC    SERVICE
             COMMISSION THROUGH ITS CHAIRMAN
             DHOLPUR HOUSE SHAHJAHAN ROAD NEW
             DELHI (DELHI)
                                                              .....RESPONDENTS
   (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL)

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

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

i) To issue a writ of mandamus to direct the respondents to take a final decision on the show cause notice dated 23.6.2022 (Annexure P/3) on the basis of the recommendations already made in favour of the petitioner through letters dated 14.3.2023 (annexure P/7) and 11.4.2023 (annexure P/8) by the concerned authorities.

ii) To issue a writ of mandamus to close the matter against the petitioner initiated through the show cause notice dated 23.6.2022 (annexure P/3).

iii) To issue a writ of mandamus to direct the respondents to consider the case of the petitioner for promotion in the DPC scheduled for 22.12.2023 without being influenced by the show cause notice dated 23.6.2022 (Annexure P/3).

iv) To grant any other relief that this Hon'ble Court deems fit and just in the facts and circumstances of the case.

2. It is submitted by counsel for the petitioner that on 23.6.2022 a show cause notice was issued to the petitioner against the proposed punishment which may be imposed under Rule 10 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966.

3. It is submitted that thereafter the petitioner demanded for certain documents and after supply of the same, the petitioner has filed her reply on 2.1.2023. However, no final decision has been taken by the respondents on the show cause notice dated 23.6.2022. It is further submitted that some of the senior officers have also recommended for exoneration of the petitioner.

4. Per contra, the petition is vehemently opposed by counsel for the State. It is submitted that so far as recommendations made by senior officers are concerned, the same are without any authority and the disciplinary authority will take a decision on the show cause notice in accordance with law without getting influenced or prejudiced by any of the recommendations made by any of the authority.

5. Heard the learned counsel for the parties.

6. The petitioner is right in submitting that once a show cause notice has been issued to her thereby calling upon to explain as to why the minor penalty as mentioned in Rule 10 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 may not be imposed then the said show cause notice cannot be kept in abeyance for an unlimited period. The said proceedings has to come to an end within a reasonable time. Therefore, this petition is disposed of with the following directions :-

i) The respondent no.1 shall take a final decision on the show cause notice dated 23.6.2022 after considering the reply submitted by the petitioner in the light of the judgment passed by the Division Bench of this court in the case of Ratan Singh Silawat Vs. State of M.P. decided on 8.9.2020 in W.A.No.761/2020 (Gwalior Bench).

ii) It is made clear that the disciplinary authority shall neither get prejudiced or influenced by the directions given by this Court nor by any of the recommendations made by the authority who is not competent to give such recommendation by interfering in the proposed action.

7. Let the entire exercise be completed within a period of 45 days from the date of receipt of certified copy of this order.

(G.S. AHLUWALIA) JUDGE HEMANT SARAF 2023.12.22 11:34:37 +05'30'