Manoj Parmar vs The State Of Madhya Pradesh
2024 Latest Caselaw 28209 MP

Madhya Pradesh High Court

Manoj Parmar vs The State Of Madhya Pradesh on 14 October, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                             1                                WP-25448-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      WP No. 25448 of 2024
                                       (MANOJ PARMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 14-10-2024
                                 Shri L. C. Patne - advocate for the petitioner.
                                 Shri Pranjali Yajurvedi - Panel Lawyer for respondents/State on

advance notice.

The petitioner is challenging the legality and validity of the impugned order dated 21.08.2024 (Annexure P/11) passed by respondent No. 2

whereby his services have been dismissed under Rule 10(9) of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter referred as MPCCA Rules ) without conducting any regular departmental enquiry under Rule 14 of MPCCA Rules.

Counsel for the petitioner submits that the petitioner was appointed on the post of Data Entry Operator in the year 2013 and thereafter his services were regularised in the year 2019 and he is holding permanent post and, therefore, his services could not have been dismissed without holding departmental enquiry. It is also argued that the case of the present petitioner

does not fall within the Article 311 of the Constitution of India as the requirements of Article 311 are not fulfilled in the present case. In support of his submission, he has placed reliance on the judgment passed in the case of Ajit Kumar vs. State of Jharkhand (2011) 11 SCC 458 that there is a doctrine of pleasure, however, the same cannot be said to be absolute and the same is the subject to condition that when a government servant is to be dismissed

2 WP-25448-2024 or removed from service or is reduced in rank, a departmental enquiry is required to be conducted to enquire into the misconduct and only after holding such an enquiry and in the course of such enquiry if he is found guilty then only a person can be removed or dismissed from service or reduced in rank.

Considering the aforesaid submissions, prima facie the case is made out.

Issue notice to the respondents on payment of PF within seven working days by registered AD with due acknowledgment, returnable within four weeks.

Till then, as an interim measure, the operation of the impugned order dated 21.08.2024 (Annexure P/11) shall remain stayed.

CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

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