Sandeep Kaushik vs The State Of Madhya Pradesh
2023 Latest Caselaw 1735 MP

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                                   IN    THE      HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                     ON THE 31 st OF JANUARY, 2023
                                                     WRIT PETITION No. 518 of 2023

                                  BETWEEN:-
                                  SANDEEP KAUSHIK S/O SHRI SURENDRA KUMAR
                                  KAUSHIK, AGED ABOUT 29 YEARS, OCCUPATION:
                                  CONSTABLE (UNDER SUSPENSION) POLICE LINE
                                  CHHINDWARA, R/O VILLAGE BALIYANA, POLICE
                                  STATION  IMT   DISTRICT  ROHTAK    HARYANA,
                                  PRESENTLY RESIDING AT WARD NO. 12 NEAR SHIV
                                  MANDIR PARK, BASANT COLONY, CHHINDWARA
                                  (MADHYA PRADESH)

                                                                                             .....PETITIONER
                                  (BY MS. ANJANA SHRIVASTAVA - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                        PRINCIPAL SECRETARY HOME DEPARTMENT
                                        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                                  2.    DIRECTOR   GENERAL        OF   POLICE, BHOPAL
                                        (MADHYA PRADESH)

                                  3.    INSPECTOR   GENERAL   OF   POLICE ZONE
                                        CHHINDWARA (MADHYA PRADESH)

                                  4.    DEPUTY INSPECTOR GENERAL OF POLICE
                                        CHHINDWARA RANGE, CHHINDWARA (MADHYA
                                        PRADESH)

                                  5.    SUPERINTENDANT OF        POLICE, CHHINDWARA
                                        (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                  (BY SHRI MANAS MANI VERMA - GOVT. ADVOCATE)
Signature Not Verified
  SAN

                                        This petition coming on for admission this day, th e court passed the
Digitally signed by TULSA SINGH
Date: 2023.02.01 17:44:57 IST

                                  following:
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                                                                      ORDER

Learned counsel for the petitioner submits that petitioner was placed under suspension by the Superintendent of Police, Chhindwara vide order dated 25/05/2022. Petitioner preferred an appeal against the said order of suspension on 07/-09/2022.

It is submitted that appeal made to the appellate authority i.e. Dy. Inspector General of Police, Chhindwara Range, Chhindwara is still pending. It is submitted that the said appeal is required to be decided expeditiously in terms of the judgment of Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary and others, (2015) 7

SCC 291 as petitioner is languishing under suspension for a long time whereas directions of Hon'ble Supreme Court are to the effect that beyond three months suspension period should be not extended without passing a speaking order for extension.

In view of such facts, this petition can be disposed of with a direction to Dy. Inspector General of Police and appellate authority, Chhindwara Range, Chhindwara to decide petitioner's pending appeal with thirty days of receipt of certified copy of the order being passed today through a speaking order.

In above terms, this petition is disposed of. This Court has not expressed any opinion on the merits of the case.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.02.01 17:44:57 IST