Madhya Pradesh High Court

Dayali Raikwar vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

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                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 6 th OF MAY, 2024
                                           WRIT PETITION No. 23027 of 2023

                           BETWEEN:-
                           DAYALI RAIKWAR S/O SHRI BHAROSA RAIKWAR,
                           AGED ABOUT 28 YEARS, OCCUPATION: ASSISTANT
                           SECRETARY/   GRAM   ROJGAR    SAHAYAK GRAM
                           PANCHAYAT BAIRWAR JANPAD PANCHAYAT JATAR
                           DISTRICT TIKAMGARH MP R/O VILLAGE BAIRWAR
                           DISTRICT TIKAMGARH MP (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI ABHISHEK PANDEY - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY PANCHAYAT AND RURAL
                                 DEVELOPMENT DEPARTMENT R/O MANTRALYA
                                 VALLABH BHAWN DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    MADHYA PRADESH RAJYA ROJGAR GUATANTEE
                                 PARISHAD      THROUGH     COMMISSIONER
                                 NARMADA BHAWAN 2ND FLOOR C WING 59
                                 ARERA HILLS (MADHYA PRADESH)

                           3.    THE COLLECTOR CUM DISTRICT PROGRAM
                                 O F F I C E R DISTRICT TIKAMGARH (MADHYA
                                 PRADESH)

                           4.    JILA PANCHAYAT TIKAMGARH THROUGH CEO
                                 JILA   PANCHAYAT    TIKAMGARH DISTRICT
                                 TIKAMGARH (MADHYA PRADESH)

                           5.    JANPAD PANCHAYAT JATARA THROUGH CRO
                                 JANPAD   PANCHAYAT  JATARA  DISTRICT
                                 (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 07-05-2024
11:15:36
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                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Petitioner's contention is that he was subjected to termination from the post of Gram Rozgar Sahayak issued in terms of the show-cause notice dated 10.07.2017 issued by the Additional District Programme Coordinator and Chief Executive Officer, Mahatma Gandhi Rashtriya Gramin Rozgar Guarantee Scheme, Zila Panchayat - Tikamgarh, MP.

It is submitted that thereafter vide order Annexure P-7 in Writ Petition No.21709/2017, order of termination dated 01.08.2017 was set aside and the matter was remitted to the authorities to consider the case of the petitioner

afresh in terms of the reply submitted by him.

It is submitted that authorities on the plea of pendency of a criminal case for which FIR was lodged against the petitioner, refused to show indulgence.

The petitioner has brought on record judgment dated 17.11.2022 passed by learned 2nd Additional Sessions Judge, Jatara, Tikamgarh in ST No.28/2021 whereby the petitioner against whom charge sheet was filed for offences punishable under Sections 409, 420, 467, 468 and 471 of the IPC, was acquitted of the charges.

In view of the aforesaid fact of acquittal, the matter is to be reconsidered because merely levying a charge is not sufficient ground to remove a person from his employment. Unless and until the charge is proved, one cannot be held to be guilty of the said charge.

Thus, the impugned order is hereby quashed. The matter is remitted to the authorities to pass fresh orders taking into consideration order of acquittal recorded by the competent Court. Let this exercise be completed within thirty

days from the date of receipt of certified copy of this order.

In the above terms, the writ petition is disposed of.

(VIVEK AGARWAL) JUDGE ks