Citation : 2025 Latest Caselaw 2732 MP
Judgement Date : 5 August, 2025
1 WA-1770-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 5 th OF AUGUST, 2025
WRIT APPEAL No. 1765 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SANJAY NAITHANI AND OTHERS
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondents.
WITH
WRIT APPEAL No. 841 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
KAILASH NARAYAN GOYAL
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 843 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
UMESH KUMAR SHRIVASTAV
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondent.
WRIT APPEAL No. 866 of 2025
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 8/6/2025
10:23:43 AM
2 WA-1770-2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
JAGDISH SINGH KUSHWAH
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 867 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
VINOD KUMAR GOSWAMI
Appearance
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 868 of 2025
THE STATE OF MADHYA PRADESH
Versus
LAYAK RAM SHARMA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 871 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SMT. PRAMILA MISHRA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 875 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 8/6/2025
10:23:43 AM
3 WA-1770-2025
Versus
SHARAD KUMAR SAXENA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 1022 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
AJABRAO JACHAK AND OTHERS
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Ms. Sangeeta Pachauri - Advocate for the respondents.
WRIT APPEAL No. 1053 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
MAHESH SHARMA AND OTHERS
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondents.
WRIT APPEAL No. 1059 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SMT. IQUBAL JHAN
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondent.
WRIT APPEAL No. 1305 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
DINESH SINGH GAUR
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 8/6/2025
10:23:43 AM
4 WA-1770-2025
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondent.
WRIT APPEAL No. 1309 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SMT.CHANDRAMOHANI SARDHANA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondent.
WRIT APPEAL No. 1341 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
RAM NIWAS TIWARI
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 1343 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
MAHMOOD ALI
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondent.
WRIT APPEAL No. 1353 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
ANAND RAO GEETE
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 8/6/2025
10:23:43 AM
5 WA-1770-2025
Shri Shashank Indapurkar - Advocate for the respondent.
WRIT APPEAL No. 1357 of 2025
THE STATE OF M.P. AND OTHERS
Versus
SMT. ASHA SHRIVASTAVA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 1766 of 2025
THE STATE OF MADHYA PRADESH
Versus
SHASHI KUMAR BHARGAVA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 1767 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SMT. DEVENDRA BHADORIYA
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 1768 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SMT. BILQUEES TABASSUM
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 8/6/2025
10:23:43 AM
6 WA-1770-2025
WRIT APPEAL No. 1770 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
DEVENDRA KUMAR SHRIVASTAVA AND OTHERS
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondents.
WRIT APPEAL No. 1771 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SMT. BRAMHA DEVI PANDEY
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Alok Kumar Sharma - Advocate for the respondent.
WRIT APPEAL No. 2017 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
ARUN SINGH
Appearance:
Shri Ankur Modi - AAG for the appellant/State.
Shri Shashank Indapurkar - Advocate for the respondent.
ORDER
Per: Justice Anand Pathak
Regard being had to similitude of the dispute, all the writ appeals are being heard analogously and decided by this common judgment. For factual
clarity, facts of Writ Appeal No.1765/2025 are taken into consideration.
2. The present writ appeal preferred under Section 2 of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005
7 WA-1770-2025 by appellant/State against the orders dated 25.10.2023, passed in Writ Petition No.9356/2022, whereby petition preferred by appellant (petitioner therein) stands disposed of with certain directions.
3. At the outset, learned counsel for the respondent/employee placed before this Court an order dated 23.07.2025 passed in W.A. No.1657/2025 (The State of M.P. and Ors vs. Ramrao Bhimte) and seeks parity. According to him the case in hand is akin to the case of Ramrao Bhimte (supra) which was discussed by Division Bench of this Court (Principal Seat Jabalpur) and after discussion appeal preferred by appellant/State got dismissed. Learned Division Bench considered the import of judgment rendered by Apex Court in the case of S.H. Baig and Ors. vs. State of M.P. and Ors reported in 2018 (10) SCC 621, State of Punjab and Ors vs. Rafiq Masih (White Washer), reported in 2015 (4) SCC 334 and judgment of Supreme Court in the matter o f Anita Chaudhary and Ors. vs. State of M.P. (Civil Appeal No.9927/2018), whereby case of recovery against employee got quashed.
4. Counsel for the appellant/State could not dispute the passing of such order and fairly submit that controversy is no longer res-integra.
5. After going through the judgment, it appears that no further discussion is required. Resultantly, all the writ appeals preferred by appellant/State are hereby dismissed and the orders passed by learned Writ Court are hereby affirmed.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
8 WA-1770-2025
Chandni
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