Ratnesh Kumar Purohit vs Managing Director
2023 Latest Caselaw 16930 MP

                                                       1

                                 IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                 CHIEF JUSTICE
                                                       &
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 11 th OF OCTOBER, 2023
                                             WRIT APPEAL No. 1381 of 2023

                           BETWEEN:-
                           RATNESH KUMAR PUROHIT, S/O SHRI P.D. PUROHIT,
                           AGED ABOUT 57 YEARS, OCCUPATION: RETIRED
                           EXECUTIVE ENGINEER (GENERATION), R/O C/O SHRI
                           P.D. PUROHIT, BALAJI MARG, MANGALWARA, BABAI,
                           DISTRICT HOSHANGABAD (MADHYA PRADESH)

                                                                              .....APPELLANT
                           (BY SHRI PRANAY CHOUBEY - ADVOCATE)

                           AND
                           1.    MANAGING DIRECTOR, MADHYA PRADESH
                                 POWER     GENERATING    CO.    LIMITED,
                                 ADMINISTRATIVE BLOCK, SHAKTI BHAWAN,
                                 RAMPUR, JABALPUR (MADHYA PRADESH)

                           2.    THE CHIEF ENGINEERING (HR & A), MP POWER
                                 GENERATING CO. LTD., BLOCK NO.9, SHAKTI
                                 BHAWAN,   RAMPUR,   JABALPUR     (MADHYA
                                 PRADESH)

                           3.    THE CHIEF ENGINEER (O & M) HYDEL, M.P.
                                 POWER GENERATING CO. LTD, SHED NO. 15,
                                 RAMPUR, JABALPUR (MADHYA PRADESH)

                           4.    THE CHIEF ENGINEER (O & M), A.T.P.S., M.P.
                                 POWER    GENERATING   CO.   LTD, CHACHAI,
                                 DISTRICT ANUPPUR (MADHYA PRADESH)-484220

                           5.    SUPERINTENDING ENGINEER (O & M) R.H.P.S.,
                                 M.P. POWER GENERATING CO. LTD, CHANDERI,
                                 DITRICT ASHOKNAGAR (MADHYA PRADESH)-
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/12/2023
6:19:48 PM
                                                              2
                                 473446

                           6.    SUPERINTENDING ENGINEER (OPERATIONS), PH-
                                 3, ATPS, CHACHAI, DISTRICT ANUPPUR (MADHYA
                                 PRADESH)-484220

                                                                                       .....RESPONDENTS


                                  This appeal coming on for admission this day, Hon'ble Shri Justice
                           Ravi Malimath, Chief Justice passed the following:
                                                              ORDER

Aggrieved by the order dated 03.08.2023 passed by the learned Single Judge in disposing off Writ Petition No.15297 of 2020 while granting liberty to the writ petitioner to make a representation with regard to his ACRs, the writ

petitioner is in appeal.

2. Learned counsel for the writ petitioner contends that firstly the representations have already been filed to the competent authority and there is no need to file a fresh representation. Secondly, that the authorities have malafides against him and would not grant him any relief. Thirdly, he relies on the unreported judgment of the Hon'ble Supreme Court in the case of R.K. Jibanlata Devi v. High Court of Manipur through its Registrar General and others, Writ Petition (Civil) No.1200 of 2021, dated 24.02.2023 with reference to paragraph-8 to indicate that the un-communicated ACRs should be ignored while considering the case for promotion.

3. However, on hearing learned counsel, we do not find any merit in this appeal. So far as the granting of the representation is concerned, the learned Single Judge has granted one more opportunity to make a fresh representation. In our view, that really does not affect the legal right of the writ petitioner. Whether the earlier representation was made to the appropriate authority or not

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 10/12/2023 6:19:48 PM

is not necessary for us to consider since the right has been given to make a fresh representation.

4. The second contention that there are malafides and therefore, the same would not be considered appropriately, also cannot be accepted. Only because the matter has been directed to be reconsidered it would not be possible for the court to presume that the respondents have any malafides against him. The further contention of placing reliance on the unreported judgment of the Hon'ble Supreme Court in the case of R.K. Jibanlata Devi (supra), in our considered view, may not be appropriate. We do not find that what is stated in paragraph-8 is a pronunciation of any law. It is only a direction given to the respondents as stated therein in the given facts and circumstances of the case. We do not find that the facts and circumstances involved herein warrant the same. Even otherwise the directions are related only to the particular case on hand and since there is no pronouncement of any question of law, we do not find that the same would stand as a binding precedent for the court.

5. Hence, for all these reasons, the writ appeal being devoid of merit, is dismissed.

                                 (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                   CHIEF JUSTICE                                            JUDGE
                           taj




Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/12/2023
6:19:48 PM