Gulam Murtuza Khan vs Collector
2024 Latest Caselaw 16515 MP

Madhya Pradesh High Court

Gulam Murtuza Khan vs Collector on 3 June, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                             1                            WP-15455-2024
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                     ON THE 3 rd OF JUNE, 2024
                                               WRIT PETITION No. 15455 of 2024

                           BETWEEN:-
                           GULAM MURTUZA KHAN S/O GULAM MUSTAFA KHAN,
                           AGED ABOUT 61 YEARS, OCCUPATION: SERVICE 154/2,
                           JUNA RISALA, INDORE DISTRICT INDORE (MADHYA
                           PRADESH)

                                                                                        .....PETITIONER
                           (SHRI KAMAL NAYAN AIREN- ADVOCATE)

                           AND
                           1.    COLLECTOR DISTRICT INDORE, COLLECTOR
                           OFFICE, MOTI TABELA, INDORE (MADHYA PRADESH)
                           2. STATE OF MP, THROUGH PRINCIPAL SECRETARY,
                           GENERAL ADMINISTRATION DEPARTMENT, VALLABH
                           BHAWAN, BHOPAL (MP)

                                                                                      .....RESPONDENTS
                           (SHRI TARUN KUSHWAH - GOVERNMENT ADVOCATE)

                                  T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

Heard on IA No.4760/2024, which is an application for amendment in the cause title.

Considering the nature of the amendment, which is formal in nature, the application is allowed.

The necessary amendment be carried out by tomorrow. Learned counsel for the petitioner submits that by order dated 09.02.2024, the service of the petitioner who was appointed as Assistant Grade

2 WP-15455-2024 III in the office of Collector, Indore was dismissed on account of his conviction in case no.16/2018.

Learned counsel for the petitioner submits that against the order of conviction a criminal appeal no.125/2024 was filed before the Principal Bench. His jail sentence has been suspended and also the order of conviction has been stayed by order dated 20.02.2024. The operative part the order passed in CRA No.125/2024 reads as under :-

"Accordingly, the conviction awarded to the appellant vide impugned judgment dated 23.12.2023 passed by Twenty Second Additional Sessions Judge and Special Judge (MP/MLA), Inodre in SC PPS No.16/2018, under Sections 466/120-B, 468/120-B and 471/120-B of the Indian Penal Code is hereby stayed, pending disposal of the instant appeal."

It is further urged that after the stay of the conviction, the petitioner made various representations before the Collector, Indore for reinstatement of service as his conviction has been stayed but till this date, the representations have not been considered.

Considering the aforesaid submissions, the present petition is disposed off with a direction to the respondent no.1/Collector, Indore to consider and decide the representation of the petitioner within the period of 15 days from today considering the fact that the order of dismissal of service was passed on the basis of the conviction by court of law in a criminal case and the conviction has been stayed by the High Court.

With the aforesaid, the present writ petition stands disposed off.

(VIJAY KUMAR SHUKLA) V. JUDGE Sourabh

3 WP-15455-2024