Mohan Rathore vs The State Of Madhya Pradesh
2024 Latest Caselaw 27743 MP

Madhya Pradesh High Court

Mohan Rathore vs The State Of Madhya Pradesh on 3 October, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2024:MPHC-IND:28881




                                                              1                            WP-18203-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 3 rd OF OCTOBER, 2024
                                                WRIT PETITION No. 18203 of 2024
                                                   MOHAN RATHORE
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Vivek Dalal - advocate for the petitioner.

                                   Dr. Amit Bhatia - GA for State.

                                                                  ORDER

The petitioner has challenged the legality and validity of the order of suspension dated 1.11.2023 whereby the petitioner who was working as Gram Panchayat Sachiv of Gram panchayat, Barud has been placed under suspension by CEO, District Panchayat, Khargone.

Initially the order was challenged on the ground that there is no provision for passing an order of suspension as the relevant Rules M.P. Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions

of Services) Rules, 2011 do not prescribe any provision relating to passing of an order of suspension.

Counsel for petitioner argued that the aforesaid point and the competence of CEO, Jilla Panchayat has been decided by the division bench in the case of State of M.P. & Ors. Vs. Ramesh Gir 2020 SCC ONLine MP 3217 and, therefore, the aforesaid points stand answered by the said

NEUTRAL CITATION NO. 2024:MPHC-IND:28881

2 WP-18203-2024 judgment. However, he submits that the petitioner is under suspension since 1.11.2023 and as per his instruction no departmental enquiry has been instituted. It is argued that the petitioner is continuing under suspension for long period and the respondents have not reviewed the said order.

Counsel for State submits that the order of suspension has been passed on the allegations mentioned in the impugned order, and, therefore, the suspension order is fully justified.

After hearing learned counsel for parties, this Court deems it expedient to dispose off the petition with a direction to the respondents CEO, Jilla Panchayat, Khargone to consider that whether continuation of the suspension order of the petitioner dated 1.11.2023 is necessary or it needs to be reviewed as in accordance with law. Let the said authority pass a reasoned

and speaking order within a period of one month from the date of passing of the order after affording opportunity of hearing to the petitioner.

With the aforesaid, petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

VM