Santosh Kumar Baghel vs Birendra Kumar Singh
2023 Latest Caselaw 4478 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CONC No. 2420 of 2022
                                                (SANTOSH KUMAR BAGHEL Vs BIRENDRA KUMAR SINGH)

                           Dated : 21-03-2023
                                 Shri Ayush Choubey - Advocate for the petitioner.

                                 Shri Dilip Kumar Shrivastava - Advocate for the respondent.

This petition has been filed by the petitioner arising out of the order dated 13.07.2022 in W.P.No.16237/2017 by which, this Court while quashing the impugned orders dated 09.04.2014 and 27.07.2017, directed the respondents

to consider the case of the petitioner for appointment against the post of constable.

This Court while considering the acquittal of the petitioner to be a clean acquittal, directed the respondents to consider the case of the petitioner for appointment against the post of constable.

The respondents have filed compliance report along with a copy of order dated 10.02.2017 Annexure C/1 and the respondents instead of considering the case of the petitioner for appointment against the post of constable has again concluded that as the criminal case was registered against the petitioner,

therefore, the petitioner does not deserve to be inducted as a member of disciplined force.

The order dated 12.10.2022 which has already been filed as Annexure C/4 is being sought to be supported by the respondents by filing the reply.

The respondents have failed to demonstrate that apart from the said case in which there is a judgment of clear acquittal in favour of the petitioner any other case was registered against petitioner. Therefore, in the considered view of this Court, the order dated 12.10.2022 contained in Annexure C/4 has been Signature Not Verified Signed by: SAVITRI PATEL Signing time: 3/23/2023 3:20:35 PM

issued in flagrant violation of the order passed by this Court dated 13.07.2022 in W.P.No.16237/2017.

At this stage, counsel for the respondents prays that the respondents be permitted to file an additional compliance report while withdrawing the order dated 12.10.2022 Annexure C/4.

In view of the prayer made by the counsel for the respondents, four weeks' time is granted to the counsel for the respondents to file additional compliance report.

List in the week commencing 01.05.2023.

(MANINDER S. BHATTI) JUDGE

sp

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 3/23/2023 3:20:35 PM