Rajkumar Dwivedi vs The State Of Madhya Pradesh
2024 Latest Caselaw 5964 MP

Madhya Pradesh High Court

Rajkumar Dwivedi vs The State Of Madhya Pradesh on 27 February, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR WP No. 15159 of 2018 (RAJKUMAR DWIVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 27-02-2024 Shri Anil Lala - Advocate for the petitioner.

Shri Manas Mani Verma - Government Advocate for the State along with Shri Gajendra Singh, Chief Executive Officer, Jila Panchayat, Sngrauli.

Shri Gajendra Singh submits that the proceedings of absorption of the

petitioner were illegally carried out. On 19.07.1997, petitioner was appointed as a Driver on daily wage basis. In W.P. No.4115/2012, directions were given to consider the case of the petitioner on the touchstone of the judgment of Supreme Court in case of Secretary, State of Karnataka Vs. Uma Devi, (2006) 4 SCC 1.

Thereafter, instead of considering the case of the petitioner on the touchstone of the law laid down in case of Uma Devi (supra), since post of Driver which is a Class III post was abolished and there was a ban on filling those posts, the order of absorption on the recommendation of the General

Administrative Committee, which was approved by the State Government i.e. the Commissioner, Panchayat Raj Adhiniyam are illegal and, therefore, petitioner was thrown out of the service.

It is submitted that two enquiries were conducted against the petitioner. However, it is admitted that no enquiry was conducted so to examine the correctness or otherwise of the absorption of the petitioner against a regular post.

He prays for and is granted thirty days time to bring on record alll the

proceedings starting from the day of his appointment till the date of his absorption and thereafter the enquiries which were conducted resulting in termination of his service on record.

Let necessary documents be filed within thirty days, pointing out that once the proceedings of absorption have attained finality and have not been set aside, then how the clock can be set in a reverse motion only at the request of and understanding of law by Shri Gajendra Singh, Chief Executive Officer, Jila Panchayat, Singrauli.

List on 08.04.2024.

(VIVEK AGARWAL) JUDGE

MTK