Smt. Nisha Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 4377 MP

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                                        IN    THE     HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                BEFORE
                                                  HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 20 th OF MARCH, 2023
                                                       WRIT PETITION No. 27996 of 2021

                                       BETWEEN:-
                                       SMT. NISHA TIWARI D/O RAM BABU SHARMA W/O
                                       SHRI SHAILENDRA KUMAR, AGED ABOUT 27 YEARS,
                                       OCCUPATION: DISMISSED STAFF NURSE DIST.
                                       HOSPITAL RAISEN WARD NO. 9 BEHIND NAI TEH.
                                       OFFICE THE. RAISEN (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                       (BY SHRI K.K. KUSHWAHA - ADVOCATE)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THR. THE
                                             PRINCIPAL SECRETARY PUBLIC HEALTH AND
                                             FAMILY   WELFARE   DEPT.   MANTRALAYA
                                             VALLABH BHAWAN (MADHYA PRADESH)

                                       2.    UPPER SECRETARY PUBLIC HEALTH AND FAMILY
                                             WELFARE        DEPARTMENT MANTRALAYA,
                                             VALLABH BHAWAN (MADHYA PRADESH)

                                       3.    DY. DIRECTOR (COMPLAINT) MADHYA PRADESH
                                             HEALTH     SERVICES SECRETROATE BHOPAL
                                             (MADHYA PRADESH)

                                       4.    HEALTH SERVICES THR. THE DIVISIONAL JOINT
                                             DIRECTOR BHOPAL DIVISION BHOPAL (MADHYA
                                             PRADESH)

                                       5.    DISTRICT HOSPITAL RAISEN THR. THE CHIEF
                                             MEDICAL OFFICER AND HEALTH OFFICE DISTT-
                                             RAISEN (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
Signature Not Verified
  SAN
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
                                       STATE)
Digitally signed by MOHD TABISH KHAN   (BY SHRI AJAY KUMAR MEHTA - ADVOCATE FOR INTERVENOR)
Date: 2023.03.21 19:41:43 IST
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                                                This petition coming on for admission this day, th e court passed the
                                       following:
                                                                               ORDER

This petition is filed challenging order dated 01.12.2021 passed by the State Government, dismissing the petitioner as well as one Dr. Shailendra Jhariya on the charges under Rule 22 of the M.P. Civil Services (Conduct) Rules, 1965 being found to be proved.

Petitioner's contention is that petitioner never had knowledge about the previous marriage of Dr. Shailendra Jhariya, she has been made a victim unnecessarily.

Reliance is placed on the judgment of Allahabad High Court in Aneeta Yadav Vs. State of U.P., (2017) 6 DJ 273. However, fact of the matter is that there is a provision for statutory appeal under Rule 23 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. Petitioner is relegated to avail the said remedy.

Petitioner can present all the relevant facts before the concerned appellate authority. In case, appeal is filed within fifteen days, then that shall be decided by the appropriate authority within 180 days thereof through a speaking order. This court has not commented anything on the merits of the case.

In above terms, this petition is disposed of. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Signature Not Verified SAN Tabish

Digitally signed by MOHD TABISH KHAN Date: 2023.03.21 19:41:43 IST