Madhya Pradesh High Court

Brajbhushan Gupta vs State Of Madhya Prdesh on 9 May, 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 9 th OF MAY, 2024
                                             WRIT PETITION No. 19130 of 2019

                          BETWEEN:-
                          BRAJBHUSHAN GUPTA S/O SHRI RAM NARESH GUPTA,
                          AGED ABOUT 54 YEARS, OCCUPATION: ASSISTANT
                          ENGINEER    PAWA,     SUB  DIVISION  ,  RURAL
                          ENGINEERING SERVICE, DIVISION PANNA R/O PAWAI,
                          DISTT. PANNA (M.P.) (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI MUKESH KUMAR AGRAWAL - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRDESH THR. ITS PRINCIPAL
                                SECRETARY DEPTT. OF PANCHAYAT AND RURAL
                                DEVE.   MANTRALAYA,    VALLABH BHAWAN
                                BHOPAL (M.P.) (MADHYA PRADESH)

                          2.    EXECUTIVE ENGINEER RURAL ENGINEERING
                                SERVICES DIVISION PANNA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI DEEPAK SAHU - PANEL LAWYER FOR THE STATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

Petitioner is aggrieved of order dated 30.08.2019 passed by the Government of Madhya Pradesh in the name of and by the order of the Governor of Madhya Pradesh reverting the petitioner along with others from the post of Assistant Engineer, Rural Engineering Department to the post of Sub Engineer without affording any opportunity of hearing.

It is submitted that Hon'ble Supreme Court in case of J.S. Yadav Vs.

State of Uttar Pradesh and Another, (2011) 6 SCC 570 , in para 31, has held that "31.. No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same has been passed in violation of the principles of natural justice."

Shri Deepak Sahu, learned Panel Lawyer for the State though supports the impugned order and has filed an application for vacating stay along with an affidavit, but he is not in a position to show any document from record that any show cause notice was given to the petitioner before order of reversion was passed.

In view of such facts, the impugned order dated 30.08.2019 cannot be sustained in the light of the judgment of Hon'ble Supreme Court in J.S. Yadav (supra) and is hereby quashed.

However, respondents will be at liberty to pass fresh orders after giving opportunity of the hearing to the concerned parties.

In above terms, petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE MTK