M.C. Ghanghoria vs The State Of Madhya Pradesh
2023 Latest Caselaw 1270 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          WP No. 953 of 2023
                                        (M.C. GHANGHORIA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 20-01-2023
                                   Shri Uttam Maheshwari - Counsel for the petitioner.

                                   Shri Ved Prakash Tiwari - Government Advocate for the respondent/

State.

Heard on admission and stay.

It is submitted by the learned counsel for the petitioner that it is a case of

double jeopardy. He referred to the order dated 05.12.2022 (Annexure-P/19) passed by the Commissioner M.P. Housing and Infrastructure Development Board, Bhopal whereby Rs.10,99.697/- was directed to be recovered from the petitioner.

On same set of facts and allegations, a show-cause notice was issued on 9.9.2022 (Annexure P/17) and, in pursuance thereof, impugned order dated 05.12.2022 (Annexure-P/19) has been passed and resorting to Rule 10 (iii) of M.P. Civil Services (Classification, Control and Appeal), Rules, 1966 recovery has been attempted to be made. Therefore, on same set of facts, two different

proceedings have been initiated. Respondents could have very well concluded both the punishments in single impugned order rather than resorting to twin proceedings.

Learned counsel for the petitioner has relied upon the judgment of the Apex Court passed in the case of Lt. Governor, Delhi and Others reported in (2004) 13 SCC 342. He also relied upon the judgment of Apex Court in the case of Nagaraj Shivarao Karjagi Vs. Syndicate Bank, Head Office, Manipal and Another reported in (1991) 3 SCC 219 to bring home the Signature Not Verified Signed by: VIKRAM SINGH Signing time: 1/20/2023 7:41:47 PM

analogy that at the instruction of some other authority, competent Authority cannot take any decision and if it takes, same is vitiated.

Issue notice to the respondents on payment of process fee by Registered A.D. within a period of seven working days, returnable within four weeks, failing which, the petition shall stands dismissed without further reference to the Court.

Till the next date of hearing, effect and operation of impugned order dated 05.12.2022 (Annexure-P/19) shall be kept in abeyance.

List this case in week commencing 13.02.2023 along with W.P. No. 29778/2022.

C.C.as per rules.

(ANAND PATHAK) JUDGE

Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 1/20/2023 7:41:47 PM