Ram Kumar Singh Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 17260 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 16 th OF OCTOBER, 2023
                                            WRIT PETITION No. 26106 of 2023

                          BETWEEN:-
                          RAM KUMAR SINGH KUSHWAH S/O LATE SHRI BHURA
                          SINGH KUSHWAH, AGED ABOUT 65 YEARS,
                          OCCUPATION: UNEMPLOYED (TERMINATED FROM
                          THE POST OF ACCOUNTANT) R/O SIDDHARTH NAGAR,
                          54, GOA GARDEN, KALYANPUR, KANPUR (UTTAR
                          PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI D.P. SINGH- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY   DEPARTMENT   OF    SCHOOL
                                EDUCATION MANTRALAYA, GOVT. OF M.P.
                                VALLABH   BHAWAN,   BHOPAL   (MADHYA
                                PRADESH)

                          2.    COMMISSIONER    PUBLIC    INSTRUCTIONS
                                GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)

                          3.    JOINT    DIRECTOR PUBLIC   INSTRUCTIONS
                                GWALIOR DIVISION (MADHYA PRADESH)

                          4.    DISTRICT   EDUCATION           OFFICER SHEOPUR
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI VIVEK KHEDKAR- AAG FOR THE STATE)

                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                            ORDER

The present petition under Article 226 of the Constitution of India has

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 17-Oct-23 5:38:57 PM

been preferred by the petitioner being aggrieved by the order dated 18.11.2016 passed by respondent no.3, whereby the petitioner has been terminated from the services on account of conviction in S.T. Case No.100001/2015 for the offences under Section 7, 13(1) (d), 13 (2) or Prevention and Corruption Act, 1988 decided vide judgment dated 05.10.2016 due to this the respondents have failed to make the payment of Earned Leaves, GIS, Gratuity and other admissible claims payable on termination of the services.

A limited prayer has been made by the counsel for the petitioner that if the petitioner files a fresh representation before the respondents, the same may be directed to be considered, which would redress his grievance.

Counsel for the respondents has submitted that if the petitioner files a fresh representation then the same will be considered and decided in accordance with law within a time bound frame.

O n due consideration of submissions and perusal of the record, this Court finds it expedient to dispose of this petition with a direction to the petitioner to file a fresh representation along with all relevant documents within fifteen days before the respondents, who shall decide the same by passing a reasoned order, in accordance with law, within a further period of three months from the date of receipt of certified copy of this order.

With aforesaid observations and directions, present petition stands disposed of.

E-copy/certified copy as per Rules.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 17-Oct-23 5:38:57 PM

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 17-Oct-23 5:38:57 PM