Ram Niwas Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 503 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                    ON THE 9 th OF JANUARY, 2023
                   WRIT PETITION No. 525 of 2023

BETWEEN:-
RAM NIWAS SHARMA S/O SHRI HARISHANKAR
SHARMA, AGED ABOUT 61 YEARS, OCCUPATION:
SERVICE R/O CHIKSANTAR MORAR GWALIOR
(MADHYA PRADESH)

                                                            .....PETITIONER
(BY SHRI ARUN KATARE - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      THE PRINCIPAL SECRETARY DEPTT.      OF
      REVENUE, GOVT. OF M.P., VALLABH BHAWAN
      BHOPAL (M.P.) (MADHYA PRADESH)

2.    C O M M I S S I O N E R LAND RECORD NEAR
      POLYTECHNIC COLLEGE, GWALIOR (MADHYA
      PRADESH)

3.    COLLECTOR GWALIOR (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 under Article 226 of the Constitution of India has been filed being aggrieved by the order 07.01.2022 whereby petitioner was suspended on the ground that one criminal case was registered against him at Crime No.23 of 2021 under Sections 420, 193, 198, 467, 468 471 and 120B of

IPC.

Counsel for the petitioner at the outset submits that even after lapse of 90 days as provided under Rule 9 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, the said order of suspension has not been reviewed.

Counsel for the petitioner submits that he may be permitted to file fresh representation narrating all the details averred in the Writ Petition and prayed that the respondent/authorities may be directed to consider the same in the light o f Ajay Kumar Choudhary v. Union of India (2015) 7 SCC 291, as expeditously as possible.

The prayer so made by Counsel for the petitioner is not opposed by the Counsel for the State.

Looking to the innocuous prayer made by Counsel for the petitioner, this petition is disposed of with direction to the petitioner to submit fresh representation narrating all the factual details before respondent no. 3 and the respondent no. 3 in turn is directed to take appropriate decision on the representation in the light of judgment rendered in the case of Ajay Kumar Choudhary (Supra), preferably within a period of two weeks from the date of submission of representation along with certified copy of the order.

With the aforesaid, petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Rks

RAM KUMAR SHARMA 2023.01.09 18:16:48 +05'30'