Madhya Pradesh High Court
Rajesh Evane vs The State Of Madhya Pradesh on 6 February, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 6 th OF FEBRUARY, 2024
WRIT PETITION No. 26476 of 2018
BETWEEN:-
KHEMCHAND SHREEVAS S/O SHRI PRABHUDAYAL
SHREEVAS, AGED ABOUT 33 YEARS, OCCUPATION:
GRAM ROJGAR SAHAYAK /A ASST. SECRETARY OF
GRAM PANCHAYAT MUDARA BLOCK NIWADI
(MADHYA PRADESH)
.....PETITIONER
(NONE )
AND
1. THE STATE OF MADHYA PRADESH THR THE
SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPT. VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. COLLECTOR TIKAM GARH DISTT. TIKAMGARH
(MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER ZILA PANCHAYAT
NIWADI NIWADI (MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JANPAD PANCHYAT
NIWADI NIWADI (MADHYA PRADESH)
5. COMMISSIONER M.P. RAJYA ROJGAR
GUARANTEE PARISHAR BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI BHOOPESH TIWARI - PANEL LAWYER)
WRIT PETITION No. 28781 of 2018
BETWEEN:-
Signature Not Verified
BHAGWANTRAO KAKODIYA S/O BABULAL, AGED
Signed by: AMITABH
RANJAN
Signing time: 08-02-2024
16:52:01
2
ABOUT 32 YEARS, OCCUPATION: ROJGAR SAHAYAK
GRAM PANCHAYAT DHAMANGAON TAHSIL
BHAINSDEHI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SIDDHANT KOCHAR - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
BHAISDEHI BETUL (MADHYA PRADESH)
3. PROJECT OFFICER PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT BETUL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI BHOOPESH TIWARI - PANEL LAWYER )
WRIT PETITION No. 3394 of 2019
BETWEEN:-
RAJESH EVANE S/O SHRI PREMLAL EVANE, AGED
ABOUT 38 YEARS, OCCUPATION: WORKING AS GRAM
ROJGAR SAHAYAK GRAM PANCHAYAT TITAVI JANPAD
PANCHAYAT BHIMPUR BHAISDEHI DISTT. BETUL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI JITENDRA ARYA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR
PRINCIPAL SECRETARY PANCHAYAT AND RURAL
WELFARE DEPT. VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COLLECTOR B E T U L DISTT. BETUL (MADHYA
PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. BETUL (MADHYA PRADESH)
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 08-02-2024
16:52:01
3
4. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
BHIMPUR DISTT. BETUL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BHOOPESH TIWARI - PANEL LAWYER )
These petitions coming on for admission this day, the court passed the
following:
ORDER
Learned counsel for the petitioners submits that the case of the petitioner
i s squarely covered by the order dated 08.03.2018 passed by the Division
Bench in W.A. No. 1166/2017 (Malkhan Singh Malviya Vs. State of M.P.
& Ors.) wherein the law laid down is that, even an employee not born out of
regular establishment, is entitled to be afforded reasonable opportunity of being
heard before a stigmatic order can be passed terminating his services.
Mere issuance of show-cause notice and calling of reply would not
suffice without supply of adverse material used against the employee and
affording him opportunity to adduce evidence in support of his defence.
Shri Bhoopesh Tiwari, learned Panel Lawyer for the respondents placed
reliance on the order Annexure R-2 which an order of the year, 2016 but the
fact of the matter is that the judgment of Division Bench is dated 08.03.2018
and has a binding precedent for a single Bench and therefore, reliance on
Annexure R-2 which is an order of a Single Bench will be of no assistance to
the respondents/State.
In view of the ratio of the law laid down by the Hon'ble Division Bench in
W.A. No. 1166/2017, this petition is disposed of by quashing the impugned
order of termination being stigmatic with liberty in favour of the respondents to
afford an opportunity of hearing and supplying the adverse material to the
petitioner and take a decision afresh.
Accordingly, these writ petitions are disposed of.
(VIVEK AGARWAL)
JUDGE
AR
