Smt. Aradhna Tripathi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14278 MP

Madhya Pradesh High Court

Smt. Aradhna Tripathi vs The State Of Madhya Pradesh on 15 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 15 th OF MAY, 2024
                                             WRIT PETITION No. 12388 of 2024

                           BETWEEN:-
                           SMT. ARADHNA TRIPATHI W/O SHRI PANKAJ MISHRA,
                           AGED ABOUT 32 YEARS, OCCUPATION: PATWARI NEAR
                           TO BADAIYA MANDIR SIDDARTH NAGAR SATNA
                           DISTRICT SATNA (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI H.K. GOHLANI - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 REVENUE MANTRALAYA, VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER   (REVENUE) COMMISSIONER
                                 DIVISION REWA DISTRICT REWA (MADHYA
                                 PRADESH)

                           3.    COLLECTOR     (REVENUE) DISTRICT           SATNA
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI MANASMANI VERMA - GOVERNMENT ADVOCATE)

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

Petitioner's contention is that, petitioner was placed under suspension pursuant to lodging of FIR by the Special Police Establishment popularly known as Lokayukt Establishment. Vide judgment dated 05.07.2019 petitioner was acquitted of the charges by the learned Special Judge, under Prevention of

Corruption Act, District Satna in Case No. SCLOK 300011/2016 instituted on 16.11.2016.

Petitioner's contention is that after after her acquittal, her suspension has been revoked but that period has not been regularized till date, despite a communication made by the concerned Collector to the Principal Secretary, Revenue Department, Vallabh Bhawan, Bhopal.

Looking to the fact that, Collector himself happens to be the appointing authority and the disciplinary authority of the Patwari, passing of the buck to the Principal Secretary does not appear to be proper. Collector, Satna is directed to decide the representation of the petitioner in terms of the provisions contained

in the 54(B) of Fundamental Rule within a period of 30 days from the date of receipt of the order passed today.

This Court has not expressed any opinion on the merits of the case. In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE AR