Smt. Kiran Rathore vs Paryavaran Niyojan Avam Samanvay ...
2023 Latest Caselaw 18005 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       WP No. 27213 of 2023
                           (SMT. KIRAN RATHORE Vs PARYAVARAN NIYOJAN AVAM SAMANVAY SANGTHAN (MADHYA PRADESYH
                                                      KI SWASHASI SANSTHA AND OTHERS)

                           Dated : 30-10-2023
                                  Shri Rajneesh Gupta - Advocate for the petitioner.


                                  Challenge herein is to show cause notice dated 14.09.2023 issued vide
                           Annexure P/12 under Section 4(1) of          the Madhya Pradesh Lok Parisar
                           (Bedakhali) Adhiniyam, 1974 asking the petitioner to vacate the government
                           accommodation allotted to her deceased husband.

                                  It is not disputed at the Bar that the deceased husband of petitioner was
                           inflicted with punishment of compulsory retirement vide order dated 16.12.2020
                           (Annexure P/2) against which an appeal was initially dismissed by order dated
                           13.01.2022 (Annexure P/9) and thereafter in the second round, on intervention
                           of this Court, was again dismissed vide order dated 03.10.2023 (Annexure P/1).
                           After dismissal of the appeal, the petitioner has received the aforesaid impugned
                           show cause notice of eviction.
                                  Learned counsel for the petitioner does not dispute that the petitioner has

                           no legal right to continue in the accommodation which was allotted to her
                           deceased husband after expiry of grace period of few months from the date the
                           deceased husband was compulsorily retired which was more than two & a half
                           years ago i.e. on 16.12.2020. Thus, the only ground raised in the present
                           petition is of sympathy and compassion.
                                  This Court is afraid that the power of judicial review cannot be exercised
                           merely on the basis of sympathy and compassion without there being any
                           element of legal right.
Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 11/1/2023
11:05:08 AM
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                                 In Divisional Controller KSRTC (NWKRTC) vs. A.T.Mane (2005) 3
                           SCC 254, the Apex Court has held :

                                    "13. This Court in the case of B.S. Hullikatti [(2001) 2
                                    SCC 574 : 2001 SCC (L&S) 469] held in similar
                                    circumstances that the act was either dishonest or was so
                                    grossly negligent that the respondent therein was not fit to

be retained as a conductor. I t also held that in such cases there is no place for generosity or misplaced sympathy on the part of the judicial forums and thereby interfere with the quantum of punishment."

Further in Kerala Solvent Extractions Ltd. vs. A.Unnikrishnan & another (2006) 13 SCC 619, it is held :

"10. We are inclined to agree with these submissions. In recent times, there is an increasing evidence of this, perhaps well-meant but wholly unsustainable tendency towards a denudation of the legitimacy of judicial reasoning and process. The reliefs granted by the courts must be seen to be logical and tenable within the framework of the law and should not incur and justify the criticism that the jurisdiction of courts tends to degenerate into misplaced sympathy, generosity and private benevolence. It is essential to maintain the integrity of legal reasoning and the legitimacy of the conclusions. They must emanate logically from the legal findings and the judicial results must be seen to be principled and supportable on those findings. Expansive judicial mood of mistaken and misplaced compassion at the expense of the legitimacy of the process will eventually lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability."

Moreso, in Deputy Commissioner, Kendriya Vidyalaya Sangthan & ors. vs. J. Hussain (2013) 10 SCC 106, it is held :

"16. In the present case, it cannot be imputed that the departmental authorities while imposing the punishment acted in a manner which manifests lack of reasonableness or fairness. In Karnataka Bank Ltd. v. A.L. Mohan Rao Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/1/2023 11:05:08 AM

[(2006) 1 SCC 63 : 2006 SCC (L&S) 59] , charge against the delinquent employee was that he had colluded with one of the Branch Managers and enabled grant of fictitious loan. The High Court interfered with the punishment of dismissal and ordered reinstatement on sympathetic ground even when it found that the misconduct was proved. This Court reversed the judgment of the High Court. Repeatedly this Court has emphasised that the courts should not be guided by misplaced sympathy or continuity ground, as a factor in judicial review while examining the quantum of punishment."

Accordingly, present petition, so far as it relates to relief No.7(iii), which is reproduced below for ready reference and convenience, is dismissed.

"7(iii) Issue a writ in the nature of certiorari quashing/setting aside the notice dated 14.09.2023 (Anneuxre P/12) issued by the competent authority under the the Madhya Pradesh Lok. Parisar (Bedakhali) Adhiniyam, 1974, in the interest of justice."

As regards remaining reliefs, the issues relate to the roster of Single Bench, therefore, Registry is directed to place the matter before appropriate Bench at an early date.

                              (SHEEL NAGU)                               (ROOPESH CHANDRA VARSHNEY)
                                  JUDGE                                             JUDGE

                           anand




Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 11/1/2023
11:05:08 AM