Rajesh Mehra vs The State Of M.P.
2023 Latest Caselaw 781 MP

                                                             1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 12 th OF JANUARY, 2023
                                              WRIT PETITION No. 5816 of 2020

                          BETWEEN:-
                          RAJESH MEHRA S/O SHRI HARBHAJAN SINGH MEHRA,
                          AGED ABOUT 52 YEARS, OCCUPATION: ASST. GRADE III
                          O/o TEHSILDAR PIPARIYA, DIST. HOSHANGABAD
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI VIPUL SARASWAT - ADVOCATE )

                          AND
                          1.    THE STATE OF M.P. THROUGH ITS PRINCIPAL
                                SECRETARY,  DEPARTMENT    OF REVENUE,
                                VALLAB H BHAWAN, DIST. BHOPAL (MADHYA
                                PRADESH)

                          2.    THE   COLLECTOR HOS HAN GAB AD DISTRICT
                                HOSHANGABAD (MADHYA PRADESH)

                          3.    BHAGWATI PRASAD GADWAL, WORKING AS
                                CLERK, OFFICE OF COLLECTORATE, DISTT.
                                HOSHANGABAD (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI DILIP SINGH PARIHAR - PANEL ADVOCATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

With the consent, case is heard finally.

The present petition is preferred by the petitioner against the inaction of the respondents whereby the respondents have not considered the case of the petitioner for grant of benefits in pursuance to the revocation of suspension Signature Not Verified Signed by: VIKRAM SINGH Signing time: 1/13/2023 10:52:26 AM

vide order dated 21.01.2019.

It is submitted by the learned counsel for the petitioner that at the relevant point of time the petitioner was working as Assistant, Grade III in the office of the Tahsildar at Pachmarhi, District Narmadapuram. Because of one incident of fire on 15.05.2010 he was implicated as an accused for alleged offences under Sections 120-B, 435/120-B, 204/120-B of the I.P.C. and trial was conducted. Vide judgment dated 28.02.2014 clean acquittal has been recorded by the trial Court as case of the prosecution could not be found proved beyond reasonable doubt. It appears that after passing of the judgment dated 28.02.2014 in S.T.No. 285/2010 by Additional Sessions Judge, Pipariya, District

Hoshangabad, suspension of the petitioner was revoked vide order dated 21.01.2019 passed by the Dy. Collector, District Hoshangabad. In the said order it was referred that monetary / service benefits shall be given to the petitioner. It is predicament of the petitioner that since passing of the order dated 21.01.2019, even after almost four years, no affirmative steps have been taken to decide the claim of the petitioner for which he is entitled as per the order dated 21.01.2019. In his representations preferred by the petitioner from time to time, petitioner has also raised the point that period of suspension be regularised and treated as on duty for getting entitled emoluments as per law.

Learned counsel for the respondent/ State opposed the prayer but fairly submitted that if final order has not been passed yet then representations shall be taken into account and after considering the legal position appropriate reasoned order shall be passed as expeditiously as possible.

Considering the submissions and innocuous prayer made by the petitioner regarding consideration of his representation which is pending for almost four years, this Court intends to dispose of the petition with a direction Signature Not Verified Signed by: VIKRAM SINGH Signing time: 1/13/2023 10:52:26 AM

that the petitioner shall submit certified copy of this order along with fresh representation before the competent authority and the competent authority shall bestow thoughtful consideration over the facts and circumstances of the case and the grounds raised in the representation and shall decide the same by passing reasoned order in accordance with law as expeditiously as possible within two months from the date of receipt of representation along with certified copy of this order.

Since the matter is pending for almost four years, therefore, it is expected from the authorities that they shall not exceed the time limit as fixed by this Court and decide the case on its own merits by passing a reasoned order within stipulated period.

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

Petition is allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 1/13/2023 10:52:26 AM