Prabhat Kumar Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 3452 MP

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                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                         ON THE 27 th OF FEBRUARY, 2023
                                         WRIT PETITION No. 14479 of 2003

                         BETWEEN:-
                         PRABHAT KUMAR MISHRA S/O SHRI BIMLEBDRA
                         KUMAR    LAL  OCCUPATION:  SERVICE, CHIEF
                         EXECUTIVE OFFICER JANPAD PANCHAYAT KURAI
                         (MADHYA PRADESH)

                                                                           .....PETITIONER
                         (BY SHRI RAJESH TIWARI - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE SECRETARY PANCHAYAT AND RURAL
                               DEVELOPMENT     DEPARTMENT     VALLABH
                               BHAWAN, BHOPAL (MADHYA PRADESH)

                         2.    DEVELOPMENT     COMMISSIONER    MADHYA
                               PRADESH BHOPAL (MADHYA PRADESH)

                         3.    COMMISSIONER PANCHAYAT AND RURAL
                               DEVELOPMENT MADHYA PRADESH BHOPAL
                               (MADHYA PRADESH)

                         4.    K.K.  SHRIVASTAVA,   ADDITIONAL    CHIEF
                               EXECUTIVE OFFICER ZILA PANCHAYAT DINDORI
                               (MADHYA PRADESH)

                         5.    RAJKUMAR PANDEY, CHIEF EXECUTIVE OFFICER
                               JANPAD   PANCHAYAT      THROUGH     ZILA
                               PANCHAYAT REWA (MADHYA PRADESH)

                         6.    VIKAS AWASTHI, ADDITIONAL CHIEF EXECUTIVE
                               OFFICER ZILA PANCHAYAT KATNI (MADHYA
                               PRADESH)

                         7.    RAJESH    SHUKLA,   ADDITIONAL    CHIEF
                               EXECUTIVE OFFICER ZILA PANCHAYAT UJJAIN
                               (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/28/2023 6:32:17 PM
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                         8.      POONAM CHAND SHARMA, CHIEF EXECUTIVE
                                 OFFICER JANPAD PANCHAYAT SOHAGPUR
                                 DISTRICT HOSHANGABAD (MADHYA PRADESH)

                         9.      ASHOK KUMAR PANDEY, CHIEF EXECUTIVE
                                 OFFICER  JANPAD  PANCHAYAT BURHANPUR
                                 (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                         (STATE BY SHRI DEVDATT BHAVE - PANEL LAWYER)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                               ORDER

This writ petition is filed seeking quashing of the communication of adverse ACR to the petitioner in the year ending 31.3.1994 with further direction

to the respondents to convene meeting of Review DPC for promotion to the post of Assistant Development Commissioner from the date when his juniors were promoted.

Learned counsel for the petitioner submits that there is a specific averment in the petition as well as in the rejoinder that the said adverse ACR was never communicated to the petitioner.

Learned Panel Lawyer for the State in his turn submits that the said communication was made to the petitioner on 31.1.1996. However, there is no proof of service of the said communication to the petitioner.

Learned counsel for the petitioner places reliance on the judgment of a Coordinate Bench of this Court on Roop Singh Bhil versus State of Madhya Pradesh I.L.R (2015) M.P 1311 where on account of delay in communication of adverse ACR, the adverse communication was quashed and the respondents were directed to convene Review DPC to consider the case of the petitioner. He also places reliance on the judgment of Hon'ble the Supreme Signature Not Verified Signed by: AMIT JAIN Signing time:

2/28/2023 6:32:17 PM

Court in Dev Dutt versus Union of India & Others (2008) 8 SCC 725 wherein the ratio is that the gradings are to be communicated within a reasonable period so that the employee concerned gets an opportunity of representation for improvement of his gradings. In the present case, since the ACR was not communicated to the petitioner in time and the DPC was convened on 9.1.1997 where on account of such uncommunicated ACR, the petitioner was not found fit for promotion, taking clue from the law laid down by the Apex Court in Dev Dutt versus Union of India & Others (supra) so also the judgment of a Coordinate Bench of this Court in Roop Singh Bhil versus State of Madhya Pradesh (supra), the belated communication of adverse entries in the ACR cannot be upheld and are hereby quashed. The respondents are directed to convene Review D.P.C as on the reference date of 9.1.1997 ignoring the adverse ACR, which was belatedly communicated to the petitioner and if he is found fit then grant him the promotion with all consequential benefits within a period of ninety days from the date of receipt of certified copy of the order being passed today. In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/28/2023 6:32:17 PM