Hari Singh Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 15967 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                            ON THE 26 th OF SEPTEMBER, 2023
                                             WRIT PETITION No. 22601 of 2023

                          BETWEEN:-
                          HARI SINGH THAKUR S/O LATE S.S. THAKUR, AGED
                          ABOUT     52  YEARS, OCCUPATION: GOVERNMENT
                          EMPLOYEE R/O EXECUTIVE ENGINEER, KATNI
                          DIVISION, DISTRICT KATNI (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY MRS. KAUSHIKI MISHRA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL    SECRETARY   PUBLIC  WORK
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    THE ADDITIONAL SECRETARY PUBLIC WORKS
                                D EPARTM EN T VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          3.    THE SUPERINTENDENT ENGINEER PUBLIC
                                WORKS    DEPARTMENT DISTRICT JABALPUR
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI K. S. BAGHEL - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This petition under Article 226 of Constitution of India has been filed against the order dated 08.08.2023 and 21.08.2023 by which an order of recovery and punishment has been initiated.

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 27-Sep-23 5:33:08 PM

2. The impugned order dated 08.08.2023 is an appelable order in the light of judgment passed by Division Bench of this Court in the case of State of Madhya Pradesh and another v. P.N. Raikwar , reported in ILR 2018 MP 2696 (Full Bench).

3. Accordingly, the counsel for petitioner seeks permission of this Court to withdraw this petition with liberty to approach Hon'ble the Governor by filing a departmental appeal.

4. With aforesaid liberty, the petition is dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 27-Sep-23 5:33:08 PM