Lakhanlal vs Prabandhak
2023 Latest Caselaw 2610 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 13 th OF FEBRUARY, 2023
                                              WRIT PETITION No. 2843 of 2023

                           BETWEEN:-
                           LAKHANLAL S/O SHALIGRAM GANGRADE, R/O:
                           KRISHNA   VIHAR    COLONY    BARCHA     ROAD
                           KHATEGAON, TEHSIL KHATEGAON, DISTRICT: DEWAS
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI HARI SHARAN MURAI - ADVOCATE)

                           AND
                           1.    PRABANDHAK JILA SAHKARI KENDRA BANK
                                 MARYADIYA, DEWAS (MADHYA PRADESH)

                           2.    SHRI.   MUKHYA      KARYAPALAN ADHIKARI
                                 M A H O D A Y, SEVA  SAHAKARI  MARYADIT
                                 LOHARDA, TEHSIL KANNOD, DISTRICT: DEWAS
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


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

                           following:
                                                              ORDER

Heard.

By this petition, the petitioner has challenged the order dated 06.01.1993 (Annexure P-1) whereby he had been placed under suspension and has also challenged the order dated 22.07.2022 if inflicting the penalty of termination upon him.

This petition has been filed on the ground that subsequent to the order of Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 15-02-2023 17:49:10

termination, on the same set on charges a criminal case was registered and proceeded with against the petitioner in which he has been acquitted by the criminal Court by judgment dated 30.12.2021 hence, the effect, if any, of the departmental proceedings stands extinguished and the same shall be deemed to be void since the inception.

It is tried that the departmental proceedings and criminal proceedings are distinctive and independent proceedings and the decision of one of them does not have nay conclusive bearing upon the decision of the other. Merely for the reason that in the criminal case the petitioner has been acquitted, the departmental proceedings initiated against him culminating in order of his

termination would not be vide out. More over the order of termination was passed in the year 2002 whereas the instant petition has been preferred in the year 2023 i.e. after a delay of about 21 years and mere pendency of the criminal proceedings in the meanwhile cannot be said to be an excuse for the delay in filing of the petition.

Thus in my opinion, no case for interference is made out. The petition is devoid of merits and is hereby dismissed.

(PRANAY VERMA) JUDGE Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 15-02-2023 17:49:10