Madhya Pradesh High Court
Chandra Bhanu Dawar vs The State Of Madhya Pradesh on 14 February, 2023
Author: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 14 th OF FEBRUARY, 2023
WRIT PETITION No. 3426 of 2023
BETWEEN:-
CHANDRA BHANU DAWAR S/O MUKAMSINGH DAWAR,
AGED ABOUT 30 YEARS, OCCUPATION: NOTHING R/O
JAMNI DAWAR PHALIYA POT DABRI P.S. JOBAT DISTT.
ALIRAJPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI YASH PAL RATHORE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH SECRETARY
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. INSPECTOR GENERAL OF POLICE POLICE
H EA D Q U A R TER S ARERA HILLS, BHOPAL
(MADHYA PRADESH)
3. SUPERINTENDENT OF POLICE JHABUA, DISTRICT
JHABUA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI KOUSTUBH PATHAK - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
By this petition, the petitioner has challenged the order dated 17.10.2022
(Annexure P/1) whereby in compliance of order dated 05.07.2022 passed in
Writ Petition No.3035 of 2019 his claim for appointment on post of Constable
(GD) has been considered and rejected on the ground that a criminal case under
Section 436 of the IPC is registered against him.
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 14-Feb-23
5:57:23 PM
2. Learned counsel for the petitioner submits that in the aforesaid case the
petitioner has already been acquitted by judgment dated 29.01.2016 passed in
Sessions Trial No.49 of 2015 which fact had also been taken note of by this
Court while passing the previous order but that very case has again been made
the basis of rejection of his candidature. It is further submitted that the petitioner
had brought to the notice of the respondents the order dated 13.05.2019 passed
in W.P. No.11670 of 2018 [Pradeep Patel vs. State of M.P. and others] in
which also the issue involved was the same as involved in the present case.
3. A perusal of the earlier order passed by this Court and the impugned
order dated 17.10.2022 unmistakably shows that respondent No.3 has not at all
taken into consideration the fact of acquittal of the petitioner in the criminal case
registered against him under Section 436 of the IPC. This Court had by order
dated 05.07.2022 specifically mentioned as regards consideration of the case of
the petitioner in light of his acquittal in the criminal case but in the impugned
order only the fact of consideration of registration of the case has been
considered and not acquittal of the petitioner therein. There has thus been
flagrant disregard of the order of this Court in rejection of candidature of the
petitioner and respondent No.3 has passed the impugned order in a mechanical
manner and in total ignorance of the directions of this Court.
4. The impugned order dated 17.10.2022 thus cannot be sustained and is
hereby set aside. Respondent No.3 is directed to reconsider the candidature of
the petitioner in light of order dated 05.07.2022 passed in Writ Petition No.3035
of 2019 and also by taking into consideration the order passed in the case of
Pradeep Patel (supra). The entire exercise be completed within a period of
one month from the date of receipt of certified copy of this order.
5. With the aforesaid directions, the instant petition stands disposed off.
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 14-Feb-23
5:57:23 PM
(PRANAY VERMA)
JUDGE
jyoti
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 14-Feb-23
5:57:23 PM
