Yogendra Singh Raghuwanshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14557 MP

Madhya Pradesh High Court

Yogendra Singh Raghuwanshi vs The State Of Madhya Pradesh on 16 May, 2024

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VINAY SARAF
                                                   ON THE 16 th OF MAY, 2024
                                            WRIT PETITION No. 13329 of 2024

                           BETWEEN:-
                           YOGENDRA SINGH        RAGHUWANSHI  S/O  SHRI
                           RAMBEER SINGH RAGHUWANSHI, AGED ABOUT 41
                           Y E A R S , OCCUPATION: WORKING AS PRATHMIK
                           SHIKSHAK POSTED AT GOVT. PRIMARY SCHOOL
                           RORIYA, SANKU, GOVT. EXCELLENCE HIGHER
                           SECONDARY SCHOOL, ARON, DISTRICT GUNA R/O
                           VILLAGE RUSALLA, TEHSIL ARON DISTRICT GUNA
                           (MADHYA PRADESH)

                                                                                   .....PETITIONER
                           (SHRI JITENDRA SINGH RATHORE, LEARNED COUNSEL),

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY SCHOOL EDUCATION
                                 DEPTT. MINISTRY, VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    DISTRICT EDUCATION OFFICER, GUNA DISTRICT
                                 GUNA (MADHYA PRADESH)

                           3.    BLOCK EDUCATION OFFICER, ARON, DISRICT
                                 GUNA (MADHYA PRADESH)

                           4.    PRINCIPAL  GOVT. EXCELLENCE    HIGHER
                                 SECONDARY SCHOOL, ARON, DISTRICT GUNA
                                 (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                           (SHRI N.S.TOMAR, GA),

                                 This petition coming on for HEARING this day, the court passed the
                           following:
                                                            ORDER

By the present petition, the petitioner has prayed for issuance of necessary direction to the respondent No.4 to consider judgment of this Court passed in the case of Basant Kumar Gupta and Others Vs. State of M.P and others, in W.P.No.11740 of 2018 on 07.08.2019.

It appears that upon complaint, notice dated 18.01.2024 was issued to the petitioner seeking explanation from him and the petitioner has already submitted reply to the notice on 14.03.2024. The petitioner has approached before this court that the respondent No.4 be directed to pass order in view of the judgment of this court in the case of Basant Kumar (Supra). Only on the basis of apprehension that though the petitioner has mentioned in respect of the

said case in his reply, but the same may not be considered by the respondent No.4 at the time of deciding the issue.

Considering the fact that the decision upon notice dated 18.01.2024 is still pending, without commenting on the merits of the case, present petition is disposed of with a direction to the respondent No.4 to consider the reply filed by the petitioner before passing any order and pass the order in accordance with law.

With the aforesaid direction, the petition is disposed of. It is made clear that this court has not expressed any opinion on the merits of the case.

(VINAY SARAF) JUDGE Rks