Motilal Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7332 MP

                                                             1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE PRANAY VERMA
                                                   ON THE 4 th OF MAY, 2023
                                               WRIT PETITION No. 6216 of 2022

                           BETWEEN:-
                           MOTILAL AHIRWAR S/O PARSULAL AHIRWAR, AGED
                           ABOUT 57 YEARS, OCCUPATION: GOVT. SERVENT, R/O
                           SCHEME NO. 71, MAN 131, SECTOR-D, VJAYNAGAR,
                           LASUDIYA, DISTRICT INDORE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI MANOJ MANAV - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH, DIRECTORATE,
                           HORTICULTURE AND FIELD FORESTRY, 6TH FLOOR,
                           VINDHYACHAL BHAVAN, BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           ( BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)

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

1. By this petition the petitioner has challenged the order dated 02.02.2022 (Annexure P/1) placing him under suspension.

2. Learned counsel for the petitioner submits that the petitioner has been under suspension for more than a year but is now not being permitted to rejoin services. He makes a limited prayer for a direction to the respondent to reconsider the matter in light of decision of the Hon'ble Supreme Court in Ajay Kumar Choudhary V/s. Union of India (UOI) and Others reported in (2015) 7 SCC 291 and in light of order of this Court in Bheekhulal Domar Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 06-05-2023 15:10:53

S/o Shri Kani Damor V/s. The State of Madhya Pradesh & Others in W.P. No.7990/2023 dated 10.04.2023 by contending that after expiry of a period of 90 days the suspension stands revoked automatically.

3. Learned counsel for the respondent/State submits that there is no necessity for issuance of any such direction as under the rules itself after the period of 90 days the suspension automatically comes to an end.

4. In the available facts of the case, I direct the petitioner to make an application before the respondent in respect of the grievance as raised by him in this petition along with the judgment referred to as above and any other judgment on which he wishes to place reliance upon. In case such an

application is made by the petitioner, then the same shall be adverted to and decided by the respondent within a period of 15 days from the date of its filing.

5. With the aforesaid, without expressing any opinion on merits, the petition stands disposed off.

(PRANAY VERMA) JUDGE ns

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 06-05-2023 15:10:53