Govind Sain vs The State Of Madhya Pradesh
2023 Latest Caselaw 251 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                     ON THE 4 th OF JANUARY, 2023
                   WRIT PETITION No. 27413 of 2021

BETWEEN:-
GOVIND SAIN S/O SHYAM LAL SAIN, AGED ABOUT 52
YEARS, OCCUPATION: SERVICE R/O VIP COLONY A B
RAOD GUNA (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI D.P.SINGH WITH SHRI ANMOL KHEDKAR - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY,      SCHOOL     EDUCATION
      DEPARTMENT,   VALLABH BHAWAN BHOPAL
      (MADHYA PRADESH)

2.    COLLECTOR      GUNA DISTT.       GUNA (MADHYA
      PRADESH)

3.    JOINT    DIRECTOR PUBLIC  INSTRUCTIONS
      DEPARTM ENT GWALIOR DIVISION, GWALIOR,
      (MADHYA PRADESH)

4.    DISTRICT EDUCATION OFFICER EDUCATION
      DEPARTMENT GUNA (MADHYA PRADESH)

5.    PRINCIPAL, DISTT. EXCELLENCE SCHOOL GUNA
      DISTT. GUNA (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI VARUN KAUSHIK - GOVT. ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

The present petition has been filed by the petitioner against the in-action

on the part of the respondents in not considering request of the petitioner with regard to review of the suspension order dated 18.11.2021 in the light of the judgment of the Hon'ble Apex Court in the matter of Ajay Kumar Choudhary Vs. Union of India, reported in (2015) 7 SCC 291.

Learned counsel for the petitioner limited his arguments only to the extent that his representation for reviewing the suspension order may be considered by the authorities within the time bound frame and further he has not challenged the suspension order as there is provision of appeal under the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. A limited prayer thus, has been made by the learned counsel for the petitioner that the

respondents may be directed to consider his representation and consider the prayer for reviewing of suspension order dated 18.11.2021.

O n the other hand learned Govt. Advocate submits that he has no objection if such directions are issued to the respondents.

Looking to the limited prayer made by the counsel for the petitioner, this petition is disposed off with a direction to the petitioner to submit a detailed representation to the respondent authorities in this regard within a period of Seven working days from today and in turn, the respondents are directed to decide the said representation submitted by the petitioner in accordance with law within a period of four weeks from the date of receipt of certified copy of the order.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, this petition is disposed off. E-copy/Certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Rks

RAM KUMAR SHARMA 2023.01.04 18:26:22 +05'30'