Suresh Kumar Jhariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 1819 MP

                                                                    1
                                   IN     THE      HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                      ON THE 1 st OF FEBRUARY, 2023
                                                      WRIT PETITION No. 2058 of 2023

                                  BETWEEN:-
                                  SURESH KUMAR JHARIYA S/O SHRI RAM PRASAD
                                  JHARIYA, AGED ABOUT 59 YEARS, OCCUPATION:
                                  PRATH. SHIKSHAK, R/O VILLAGE SUNVAHI P.S.
                                  TEJGARH DISTRICT DAMOH (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                  (BY SHRI ANAND SHUKLA - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        PRINCIPAL SECRETARY SCHOOL EDUCATION
                                        DEPARTMENT, VALLABH BHAWAN BHOPAL
                                        (MADHYA PRADESH)

                                  2.    DISTRICT    EDUCATION    OFFICER, DAMOH
                                        DISTRICT DAMOH (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                  (BY SHRI MANAS MANI VERMA - GOVT. ADVOCATE)

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

                                  following:
                                                                     ORDER

Petitioner's contention is that petitioner was placed under suspension by District Education Officer, Damoh vide order dated 30/05/2020 as contained in Annexure-P/1 on account of registration of a criminal case.

Petitioner had approached this Court by filing W.P. No.20808/2020 Signature Not Verified

which was decided vide order dated 21st September, 2022 directing the SAN

Digitally signed by TULSA SINGH Date: 2023.02.01 17:44:53 IST authorities to review the suspension order in terms of the judgment of Hon'ble

Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary & others, (2015) 7 SCC 291. It is submitted that vide order dated 10/10/2022 District Education Officer, Damoh maintained the order of suspension dated 30/05/2020. It is further submitted that thereafter on 18/10/2022 (Annexure-P/3) final report is submitted by the Police and I.O. has mentioned that because of legal impediment, no criminal liability is made out against the petitioner-Suresh Kumar Jhariya. In terms of this final report, it is prayed that District Education Officer may be directed to review the suspension order.

Shri Manas Mani Verma, learned Govt. Advocate, in his turn, submits

that filing of final report is different from acceptance of the final report by the concerned Court.

In view of such facts, it is directed that in case this final report as is submitted by the Investigating Officer Shri H.R. Pandey of Police Station, Damoh Dehat if is accepted by the concerned Court, then petitioner will be free to move a fresh application before the District Education Officer, Damoh along with the order of acceptance and on such order of acceptance, it is expected that D.E.O., Damoh which shall apply himself to the fact situation and taking into consideration principles of law laid down by Hon'ble Supreme Court in Ajay Kumar Choudhary (supra) shall pass appropriate order within 30 days of submission of such document to the District Education Officer.

In above terms, this writ petition is disposed of.

Signature Not Verified SAN

(VIVEK AGARWAL) Digitally signed by TULSA SINGH JUDGE Date: 2023.02.01 17:44:53 IST ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.02.01 17:44:53 IST