Rajesh Mujalde vs The State Of Madhya Pradesh
2024 Latest Caselaw 21122 MP

Madhya Pradesh High Court

Rajesh Mujalde vs The State Of Madhya Pradesh on 5 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                            1                               WP-28461-2021
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 5 th OF AUGUST, 2024
                                              WRIT PETITION No. 28461 of 2021
                                                 RAJESH MUJALDE
                                                      Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Jitendra Verma, learned counsel for the petitioner.

                                 Ms. Mehul Shukla, learned Panel Lawyer for respondent/State.

                                                             ORDER

In the present pettiion, the petitioner has challenged the legality and validity of order dated 09.12.2021 passed by respondent No.2 whereby the petitioner services has been terminated on the ground that he was caught red- handed taking bribe of Rs.6000/-. His services have been terminated in terms of condition No.16.01 of Circular dated 02.06.2012.

2. Counsel for the petitioner submits that the aforesaid circular has been amended by subsequent circular dated 02.11.2019 and specific

guidelines have been issued in respect of termination of Gram Rojgar Sahayak in the case of registration of criminal case/lokayukt case. He further submits that in the said criminal case, till this date no charge-sheet has been filed. He has also relied on a judgment of Division Bench passed in the case o f Appusingh vs. State of MP & Ors. (WA No.1551/2023, decided on 26.07.2024). It is argued that neither prosecution sanction has been taken nor

2 WP-28461-2021 charge-sheet has been filed.

3. Counsel for the State submits that the aforesaid amended provisions and judgment would not apply to the case of the petitioner because the petitioner was working as Assistant Panchayat Secretary.

4. Considering the aforesaid submissions, the impugned order dated 09.11.2021 is quashed and the matter is remanded back to the respondent No.2 to take a fresh decision keeping in view the subsequent circular dated 02.11.2019 (Annexure P/10) filed along with the rejoinder and judgment passed in the case of Appusingh (supra) within a period of two months from the date of filing copy of the order passed today .

5. With the aforesaid, the petition is partly allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

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