Manoj Dwivedi vs Mp Housing And Infrastructure ...
2023 Latest Caselaw 245 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  WP No. 29778 of 2022
                                       (MANOJ DWIVEDI Vs MP HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND OTHERS)

                                     Dated : 04-01-2023
                                           Shri Anoop Nair- Advocate for the petitioner.

                                           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 06.02.2019 (Annexure-P/3)
                                     passed by the Commissioner M.P.Housing and Infrastructure Development

                                     Board, Bhopal whereby after departmental enquiry petitioner was inflicted with
                                     punishment of withholding of three increments with cumulative effect.
                                           On same set of facts and allegations, a show-cause notice was issued on
                                     21.06.2019 and, in pursuance thereof, impugned order dated 05.12.2022
                                     (Annexure-P/1) 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 SAN

analogy that at the instruction of some other authority, competent Authority Digitally signed by RAVIKANT KEWAT Date: 2023.01.05 10:32:46 IST

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 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/1) shall be kept in abeyance.

List this case in week commencing 13.02.2023. C.C.as per rules.

(ANAND PATHAK) JUDGE

rk.

Signature Not Verified SAN

Digitally signed by RAVIKANT KEWAT Date: 2023.01.05 10:32:46 IST