Madhya Pradesh High Court
Rambaboo Niranjan vs The State Of Madhya Pradesh on 14 March, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 14 th OF MARCH, 2023
WRIT APPEAL No. 187 of 2020
BETWEEN:-
RAMBABOO NIRANJAN S/O LATE SHRI MAN SINGH,
AGED 60 YEARS, OCCUPATION: LECTURER IN GOVT.
H.S. SCHOOL MIHONA DISTRICT BHIND (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI D.S. RAGHUWANSHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
SCHOOL EDUCATION VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER PUBLIC INSTRUCTION
GAUTAM NAGAR BHOPAL (MADHYA PRADESH)
3. THE DISTRICT EDUCATION OFFICER DISTRICT
BHIND (MADHYA PRADESH)
4. DASHRATH SINGH KAURAV S/O SHRI RAM
BHAROSE KAURAV OCCUPATION: GOVT.
LECTURER R/O HOSPITAL COLONY RAUN
DISTRICT BHIND (MADHYA PRADESH)
.....RESPONDENTS
(SHRI R.P. SINGH - ADVOCATE FOR THE RESPONDENT NO. 4 AND SHRI
DEEPAK KHOT - GOVERNMENT ADVOCATE FOR THE RESPONDENT NO.
1, 2 AND 3)
Th is appeal coming on for hearing this day, Hon'ble Shri Justice
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 21-Mar-23
3:37:05 PM
2
Milind Ramesh Phadke passed the following:
ORDER
The present Writ Appeal under Section 2(1) of Madhya Pradesh Uchch
Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, has been preferred
against the judgment and order dated 29.11.2019 passed in W.P. No.
23492/2019, whereby while allowing the writ petition the learned Single Judge
has directed Collector, Bhind to handover the charge of the post of DEO to
respondent no. 4/petitioner from whom the charge was taken vide impugned
order and was given to the appellant.
2. The facts necessary for disposal of the present appeal are that by order
dated 22.11.2018 the present respondent no.4/petitioner was given the charge of
the post of Principal, Government Utkrisht Uchchatar Madhyamik Vidyalaya,
Raun, District Bhind, as the In-charge Principal had retired. Thereafter, vide
order dated 18.10.2019, the Collector directed that the charge of the post of
Principal, Government Utkrisht Uchchatar Madhyamik Vidyalaya, Raun, District
Bhind be handed over to the present appellant, as the respondent no.
4/petitioner had failed to dispose of the cases of the Samagra Scholarship as
well as had failed to dispose of the complaints uploaded on C.M. Helpline.
Alleging the aforesaid order to be stigmatic in nature and the charge of the post
of Principal Government Utkrisht Ucchtar Madhyamik Vidyalaya, Raun, District
Bhind handed over to a junior, the present respondent no.4/petitioner had
preferred Writ Petition No. 23492/2019. After considering the averments made
in the petition and the reply filed by the respondents and after hearing the
counsel for the parties learned Single Judge held that the order dated 18.10.2019
passed by the Collector was in utter violation of the principles of natural justice
and no opportunity of hearing was granted to the respondent no. 4/petitioner to
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 21-Mar-23
3:37:05 PM
meet out the allegations made against him and, therefore, quashed the aforesaid
order. The matter was remanded back. The learned Single Judge directed
Collector to issue show-cause notice to respondent no.4/petitioner and after
giving opportunity of hearing, to decide as to whether the respondent
no.4/petitioner should be allowed to hold the charge of the post of Principal
Government Utkrisht Uchchatar Madhyamik Vidyalaya, Raun, District Bhind
and further, since the order dated 18.10.2019 was quashed, the Collector was
directed to handover the charge of the post of DEO to the respondent No.4/
petitioner.
3. Learned counsel for the petitioner has only raised a ground that since he
was given the charge of the post of Principal, Government Utkrisht Uchchatar
Madhyamik Vidyalaya, Raun, District Bhind by taking it from the respondent
No 4/petitioner, and before taking it back he was required to be heard as his
rights were going to be affected by the impugned order, but without issuing any
notice to the present appellant, learned Single Judge decided the matter. It was
further submitted that by no stretch of imagination, it could be said that order
dated 18.10.2019 passed by the Collector, whereby charge of the post of
Principal Government Utkrisht Uchchatar Madhyamik Vidyalaya, Raun, District
Bhind was handed over to the present appellant by taking it from the respondent
no.4/petitioner, was stigmatic in nature. Therefore, there was no requirement of
grant of opportunity of hearing to the present respondent no.4/petitioner. Thus,
the learned Single Judge has erred in allowing the petition and setting aside the
order dated 18.10.2019 passed by the Collector. He, therefore, prayed for
allowing the appeal and remitting the matter back to the learned Single Judge for
fresh adjudication after giving him opportunity of hearing.
4. Counsel appearing for respondent no.4/petitioner while supporting the
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 21-Mar-23
3:37:05 PM
order passed by learned Single Judge submitted that since the order passed by
the Collector dated 18.10.2019 was against the principle of natural justice, the
same has rightly been set aside and no interference as such is required. It was
further argued that since the appellant was just given the charge of the aforesaid
post, which does not create any lien on the aforesaid post, the appeal has no
force and, therefore, does not deserves to be allowed.
5. Heard counsel for the parties and perused the record.
6. Admittedly, the appellant was given the charge of the post of Principal,
Government Utkrisht Uchchatar Madhyamik Vidyalaya, Raun, District Bhind by
order dated 18.10.2019 and as such no substantive right had accrued in his
favour to hold the said post. Learned Single Judge after detailed scrutiny found
that the order dated 18.10.2019 since was passed on some observations made
against respondent no. 4/petitioner, which were stigmatic in nature, for which an
opportunity of hearing should have been granted to the respondent
No.4/petitioner which appears to be the correct, as any stigmatic order passed
against any employee cannot be sustained in absence of grant of any
opportunity of hearing to him to defend himself.
7. This Court, therefore, does not find any reason to interfere with the order
impugned. The appeal being devoid of merit is hereby dismissed.
(RAVI MALIMATH) (MILIND RAMESH PHADKE)
CHIEF JUSTICE JUDGE
Chandni
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 21-Mar-23
3:37:05 PM
