Anil Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 15182 MP

Madhya Pradesh High Court

Anil Patel vs The State Of Madhya Pradesh on 21 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 21 st OF MAY, 2024
                                              WRIT PETITION No. 9821 of 2022

                           BETWEEN:-
                           ANIL PATEL S/O SHRI GAYA PRASAD PATEL, AGED
                           ABOUT 30 YEARS, OCCUPATION: WORKING AS SUB
                           ENGINEER JANPAD PANCHAYAT MAIHAR DISTRICT
                           SATNA 17 HOUSING BOARD COLONY DEVI ROAD
                           MAIHAR DISTRICT SATNA M.P. (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
                           ADITYA VEER SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY PANCHAYAT AND
                                 RURAL DEPARTMENT VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE COMMISSIONER M.P. STATE EMPLOYMENT
                                 GUARANTEE COUNCIL NARMADA BHAWAN 2ND
                                 FLOOR JAIL ROAD ARERA HILLS BHOPAL M.P.
                                 (MADHYA PRADESH)

                           3.    THE COLLECTOR CUM DISTRICT PROJECT
                                 COORDINATOR SATNA M.P. (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI DEEPAK SAHU - PANEL LAWYER)

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

Petitioner's contention is that petitioner who was working as Sub Engineer on contractual basis in Janpad Panchayat Maihar, erstwhile District

Satna, now new revenue District Maihar, was terminated vide order dated 05.04.2022 (Annexure P-6) on account of registration of a criminal case.

It is submitted that petitioner has been acquitted vide judgment dated 22.11.2022 passed by the learned Special Judge (Prevention of Corruption Act), Satna in SC Lok case No.01/2021.

Petitioner's contention is that since no departmental enquiry was conducted and petitioner's services were terminated without conducting any enquiry only on the basis of registration of a criminal case, therefore, since petitioner has been acquitted, he is entitled to reinstatement.

In view of such facts, impugned order dated 05.04.2022 (Annexure P-6)

is hereby quashed. Matter is remitted to the Collector/District Project Coordinator, Satna to take into consideration judgment of acquittal recorded in favour of the petitioner and pass appropriate orders for reinstatement of the petitioner within a period of 30 days' from the date of receipt of certified copy of this order and if Collector has to take any other view, then he shall decide the application through a speaking order within the aforesaid period. While doing so, Collector will also take into consideration order dated 07.02.2023 passed by the Commissioner, Sagar Division, Sagar in case of P.S. Pandey Vs. State of Madhya Pradesh through Chief Executive Officer, Jila Panchayat, Damoh in appeal No.288/Appeal/22-23.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE pp