Brij Mohan Gupta vs Housing And Environment ...
2023 Latest Caselaw 4578 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        WP No. 13789 of 2020
                                  (BRIJ MOHAN GUPTA Vs HOUSING AND ENVIRONMENT DEPARTMENT AND OTHERS)

                           Dated : 23-03-2023
                                 Petitioner present in person.

                                 Respondent Principal Secretary present is person.

Shri Mandloi, Principal Secretary of respondent No.1 is present in person in compliance of the direction given by this Court on 16.02.2023 and he has filed an affidavit to the effect that inadvertently he considered and rejected the

claim of promotion of the petitioner while examining the issue of Mr. C.P. Mundra (respondent No.3). He admits that this Court vide order dated 17.10.2022 directed to examine the High Court and Supreme Court judgments and file an affidavit as to why the order passed by this Court has not been complied with for which he submits unconditional apology.

Shri Mandloi further submits that he may be permitted to withdraw the order dated 02.02.2023 with liberty to file afresh affidavit in compliance of the order dated 17.10.2022 with an unconditional apology, which is accepted.

Keeping in view the above submission Shri Mandloi is permitted to

withdraw the order dated 02.02.2023 any finding and observation in this order shall not be relied on by any of the parties in the writ petition.

Shri Mandloi is permitted to file afresh affidavit in compliance of order dated 17.10.2022 which has been upheld by the Division Bench.

The contempt proceedings are hereby dropped. An affidavit be filed on or before 18.04.2023. List on 18.04.2023.

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 23-03-2023 18:37:30

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 23-03-2023 18:37:30