Devendra Kumar Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 17283 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 23224 of 2023
                                           (DEVENDRA KUMAR GUPTA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                   Shri K.S. Jha - Advocate for the petitioner.

                                   Shri Praveen Namdeo - GA for the State.


                                   The counsel for the petitioner contends that on the last date of hearing, an
                           objection was taken by the respondents that in view of the judgment of the Full

Bench of this Court in State of M.P. & another Vs. P.N. Raikwar - ILR

(2018) MP 2696 (FB), the order passed in the name of the Governor can still be assailed in terms of Rule 23 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 before the Governor. It is contended by the counsel that the decision of Full Bench is confined to the orders, which are passed under the provisions of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 and the same does not deal with the order, which is passed under Rule 9 of the Madhya Pradesh Civil Services (Pension) Rules, 1976.

Issue notice to the respondents by RAD mode on payment of process

fee within seven working days. Notice be made returnable within four weeks.

Meanwhile, the petitioner shall be free to approach the Authority with regard to disbursement of the dues which are not the subject matter of the impugned order and in such an eventuality, the respondents shall be free to deal with the said issue.

List after four weeks.

(MANINDER S. BHATTI) Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 10/17/2023 11:01:12 AM

JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 10/17/2023 11:01:12 AM