Smt Lata Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 8468 MP

                                       1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                             BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                        ON THE 13 th OF JUNE, 2023
                     WRIT PETITION No. 8997 of 2023

BETWEEN:-
SMT LATA RAWAT W/O SHRI SUMER SINGH RAWAT,
AGED ABOUT 43 YEARS, OCCUPATION: TEACHER 129,
ANAR GREEN CITY JALALPUR ROAD , BAHODARPUR,
GWALIOR (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI D.P.SINGH-ADVOCATE)

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

2.    THE COLLECTOR GWALIOR (MADHYA PRADESH)

3.    THE DIST. EDUCATION                  OFFICER GWALIOR
      (MADHYA PRADESH)

4.    PUNJAB SINGH GURJAR S/O SHRI HARKANTH
      SINGH GURJAR, AGED ABOUT 32 YEARS,
      OCCUPATION: JOURNALIST 810 SUREYAPURA
      BEHIND ASHOK CONVENT SCHOOL MORAR
      (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI VIVEK KHEDKAR-LEARNED ADDITIONAL ADVOCATE
GENERAL FOR RESPONDENTS/STATE )

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

Petitioner has preferred this petition under Article 226 of the Constitution of India seeking following reliefs;-

"i)That, the order impugned dated 24.03.2023 passed by the respondent No.3 may kindly be quashed with a further direction to the respondents to allow the petitioner to continue to perform her duties at present place of posting, in the interest of justice.

(ii) Cost of the petition be awarded or any other order or direction deemed fit in the circumstances of the case be issued in the favour of the petitioner."

In sum and substance petitioner is seeking reconsideration over his suspension because of the fact that 90 days are likely to be completed soon. Charge sheet has already been filed and he is facing departmental inquiry. He has relied upon the judgment of Apex Court in the case of Ajay Kumar

Choudhary vs. Union of India and another, 2015 (7) SCC 291.

Learned counsel for respondents opposed the prayer and submits that petitioner has approached this Court much earlier. 90 days are yet to be completed and department shall consider the said aspect as and when required in accordance with the judgment of Apex Court and circulars issued from time to time.

At this stage, learned counsel for petitioner seeks withdrawal of this petition seeking liberty to renew the prayer before the competent authority in accordance with law at appropriate stage.

Petition stands disposed of with aforesaid liberty.

(ANAND PATHAK) JUDGE Van VANDANA VERMA 2023.06.13 18:33:18 -07'00'