Balkrishna Koshta vs Food, Civil Supplies And Consumer ...
2023 Latest Caselaw 20073 MP

Madhya Pradesh High Court

Balkrishna Koshta vs Food, Civil Supplies And Consumer ... on 30 November, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                             1
                                IN      THE    HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 30 th OF NOVEMBER, 2023
                                              WRIT PETITION No. 21838 of 2017

                           BETWEEN:-
                           BALKRISHNA KOSHTA S/O LATE SHRI IMRATLAL
                           KOSHTA, AGED ABOUT 59 YEARS, OCCUPATION:
                           SERVICE H. NO. 19, OFFICER COLONY, BARWANI
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SHAILENDRA SHRIVASTAVA - ADVOCATE)

                           AND
                           1.    FOOD, CIVIL SUPPLIES AND CONSUMER
                                 PROTECTION    DEPARTMENT    PRINCIPAL
                                 SECRETARY VALLABH   BHAWAN,  BHOPAL
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER FOOD CIVIL SUPPLY AND
                                 CONSUMER PROTECTION DEPARTMENT, GOVT.
                                 OF   M.P., VINDHYCHAL BHAWAN, (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MS. PRANJALI YAJURVEDI - G.A)

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

The present petition is filed seeking a direction to the respondents to consider the case of the petitioner for promotion on the post of Dy. Director/District Supply Controller from 25.7.2013 when other similarly situated persons were promoted and to grant consequential benefits.

2. The facts of the case are that the petitioner was working on the post

of District Supply Officer. During the pendency of the petition, the petitioner retired from the post of District Supply Officer. On 28.3.2012 an FIR was lodged u/S.7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 against the petitioner by Lokayukta, Bhopal. At that time he was posted at Ratlam. On account of registration of FIR, the petitioner was attached from Ratlam to District head quarter Indore. After investigation, Lokayukta filed a charge sheet on 29.11.2012 against the petitioner. The petitioner was placed under suspension by order dated 14.12.2012. The petitioner was acquitted by Special Judge, Ratlam by judgment dated 5.10.2015 passed in Special Case No.11/2012. On account of acquittal of the petitioner he was reinstated by

order dated 4.12.2015 and his suspension period was directed to be treated as duty period and he was posted at Singroli. On 5.6.2013 a DPC was held for promotion of Assistant Director/District Supply Officer to the post of Dy. Director/District Supply Controller. The petitioner was not promoted on two accounts. Firstly as per the DPC proceedings against the petitioner, after departmental enquiry two different orders of punishment of stoppage of one increment with non cumulative effect was passed. The other ground for non promotion of the petitioner was pendency of Lokayukta case before the Court. The other persons similarly situated s were promoted by order dated 25th July, 2013 Annexure P/5. In the said order, there is a note that in case if the petitioner is acquitted in the criminal case and the petitioner is found suitable in the DPC the last selected candidate shall be reverted. On the basis of aforesaid submissions, it is prayed that petitioner is entitled for promotion to the post of Dy. Director/District Supply Controller from the date of promotion of others i.e. 25.7.2013. Counsel for petitioner further submits that after the expiry of period of minor punishment on 3.3.2014 the case of the petitioner ought to have

been considered for promotion in a subsequent DPC held in the year 2014.

3. Counsel for State submits that the petitioner was denied promotion on two accounts. Firstly that two order of minor punishments of stoppage of one increment with non cumulative effect for one year was passed against the petitioner. The period of one year of punishment in one case expired before the date of DPC but the validity of the period of punishment in other case continued upto 3.3.2014. The DPC was held on 5.6.2013. Thus, on the date of DPC the order of minor punishment in one case was operative and, therefore, the petitioner was rightly not recommended for promotion. It is also submitted that another departmental enquiry was instituted against the petitioner under Rule 14 of MPCCA Rules, 1966 by order dated 6.11.2017 Annexure R/7. Counsel for petitioner submits that the departmental enquiry in pursuant to order dated 6.11.2017 has also been withdrawn by order dated 27.1.2021.

4. After hearing learned counsel for parties I deem it expedient to dispose off the petition with liberty to the petitioner to submit a detailed and comprehensive representation before the Principal Secretary, Food Civil Supply and Consumer Protection Department, Vallabh Bhawan, Bhopal along with the relevant record within a period of one month from today and the said authority shall consider and decide the claim of the petitioner for promotion in accordance with law within a period of two months from the date of receipt of

the representation by passing a reasoned and speaking order.

(VIJAY KUMAR SHUKLA) JUDGE VM