Kailash Narayan Saxena vs The State Of Madhya Pradesh
2023 Latest Caselaw 17101 MP

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                       &
                                  HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                              ON THE 13 th OF OCTOBER, 2023
                                            REVIEW PETITION No. 1009 of 2023

                           BETWEEN:-
                           KAILASH NARAYAN SAXENA S/O KAMTA PRASAD
                           SAXENA, AGED ABOUT 67 YEARS, OCCUPATION -
                           UNEMPLOYED, R/O - BARETH ROAD, GANJ BASODA,
                           DISTRICT VIDISHA (MADHYA PRADESH).

                                                                                        .....PETITIONER
                           (BY SHRI RUDRA PRATAP SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY, MINISTRY OF GENERAL
                                 ADMINISTRATION    DEPARTMENT,    VALLABH
                                 BHAWAN, BHOPAL, MADHYA PRADESH.

                           2.    COLLECTOR CUM DISTRICT MAGISTRATE,
                                 DISTRICT VIDISHA, MADHYA PRADESH.

                                                                                     .....RESPONDENTS
                           (BY SHRI ANKUR MODI - ADDITIONAL ADVOCATE GENERAL)

                                 Th is petition coming on for admission this day, Justice Satyendra
                           Kumar Singh passed the following:
                                                             ORDER

This Review Petition has been filed seeking review of order dated 1/7/2023 passed by this Court in Writ Appeal No.517/2020, by which the Writ Appeal filed challenging the order dated 24/2/2020 passed by the learned Writ Court in Writ Petition No.4563/2020 was dismissed.

2. Learned counsel for the petitioner submits that as the petitioner was Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10/16/2023 11:24:27 AM

acquitted in all the pending criminal cases registered against him, therefore, his right to get Samman Nidhi cannot be denied. It hardly matters that the acquittal of the petitioner in few cases was based on compromise or on the ground of expiry of six months' period from the date of commencement of proceedings under Section 116 (6) of Cr.P.C. Aforesaid facts have not been considered in proper perspective, therefore, order dated 1/7/2023 passed in Writ Appeal No.517/2020 is required to be reviewed. In support of his aforesaid submissions, he has relied upon the judgments passed by the Hon'ble Supreme Court in State of Madhya Pradesh and others Vs. Hazarilal, (2008) 3 SCC 273 and Commissioner of Police and others VS. Sandeep Kumar, (2011)

4 SCC 644.

3. Learned counsel for the respondents/State has submitted that both the citations submitted by learned counsel for the petitioner relate to service law, wherein considering petitioners' acquittal from the charges alleged against them, taking a lenient view they were reinstated in service. This matter relates to grant of Samman Nidhi and the concerned Committee constituted under the provisions of M.P. Loktantra Senani Samman Niyam, 2018, considering the nature of criminal cases registered against the petitioner did not recommend the case of the petitioner for grant of Samman Nidhi. The order impugned was passed after taking into consideration all the facts, therefore, the same may not be reviewed.

4. Having heard learned counsel for the parties and after perusal of the record, it appears that there is specific provision in the M.P. Loktantra Senani Samman Niyam, 2018 as regards constitution of a Committee to scrutinize applications received for sanction of Samman Nidhi and to recommend about

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10/16/2023 11:24:27 AM

eligibility or non-eligibility of applicant and, therefore, a Committee was rightly constituted to deal with the application of the petitioner, which considering the nature of criminal cases registered against the petitioner, did not find him eligible for grant of Samman Nidhi. The impugned order was passed after taking into consideration the entire facts of the case available on record. No error apparent on the face of record could be pointed out by the learned counsel for the petitioner warranting review of the impugned order. The judgments relied upon by the learned counsel for petitioner are also distinguishable on facts, as they are in respect of service matter and not as regards grant of Samman Nidhi.

5.Accordingly, with aforesaid observations, the Review Petition is dismissed.

                             (SATYENDRA KUMAR SINGH)                           (SANJEEV S KALGAONKAR)
                                      JUDGE                                            JUDGE
                           Arun*




Signature Not Verified
Signed by: ARUN KUMAR
MISHRA
Signing time: 10/16/2023
11:24:27 AM