Madhya Pradesh High Court
B P Chakarwarti vs The State Of Madhya Pradesh on 27 January, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:4257
1 WP No.23369/2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 27th OF JANUARY, 2025
WRIT PETITION No. 23369 of 2021
B P CHAKARWARTI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jayalakshi Iyer - Advocate for the petitioner.
Shri Piyush Bhatnagar -PL for the respondents / State.
ORDER
This petition has been filed assailing the order dated 13.8.2021
passed by respondent no. 2, by which, the petitioner has been placed
under suspension on account of not attending the Video Conferencing
Meeting held on 13.8.2021, whereas the petitioner was on medical leave
since 20.7.2021.
2. It is the case of the petitioner that he was appointed vide order dated
6.3.1987 by the respondent no. 2 on the post of Sub-Engineer, Class-III
and he was posted at Public Health Engineering Department, Vidisha but
he was directed to join at Public Health Engineering Department, Shahdol
and accordingly, he joined at Shahdol in the pay scale of Rs.860-20-900-
25-1000-30-1210-40-1410. His provisional appointment was
subsequently regularized. He worked during Covid-19 Pandemic and his
work was duly appreciated by the authorities. His entire 30 years of
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service career has remained unblemished and he worked with utmost
devotion and sincerity in the department. The petitioner is having
undergone bypass surgery 95% blockage in the heart during the year
2013 December whereby his left calf muscle was taken out for bypass
surgery, due to which, he was facing physical disability problems in the
year 2016 and he was unable to walk due to severe pain and after
treatment in the year 2016, he was fit. Looking to the working of the
petitioner during Covid-19 Pandemic, his name was nominated as the
"Excellent Worker" felicitation to be rewarded on 15th August, 2021 on
the occasion of Independence Day Function. Due to some family work,
the petitioner requested the respondent no. 3 to permit him to proceed for
3 days leave from 19.7.2021 to 21.7.2021 and also sought permission to
leave the headquarter vide application dated 14.7.2021. All of a sudden,
the petitioner developed severe pain in the chest and his legs were unable
to move, he sent a whatsapp message to his immediate Superior Officer
i.e. respondent no. 3 seeking grant of earned leave from 20.7.2021 till the
date of his fitness. Thereafter, the petitioner came to headquarter on
22.7.2021 to join but on 23.7.2021 he again sent an application for
extension of his leave from 19.7.2021 till 31.8.2021 due to severe chest
pain and uneasiness as he wanted to take treatment at Anuppur. The
application was duly addressed to the Executive Engineer through proper
channel. Thereafter, the petitioner proceeded to Anuppur after submitting
the application. He was shocked to see the order of suspension issued by
respondent no. 2 suspending the petitioner with immediate effect vide
order dated 13.8.2021.
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3. It is argued by counsel for the petitioner that respondent no. 3
deliberately with malafide intention communicated an adverse report
against the petitioner, on account of which, suspension order against the
petitioner has been issued. In fact, due to his ill-health, he could not
attend the Video Conferencing Meeting held on 13.8.2021; therefore, this
petition is being filed.
4. On notice being issued, a reply has been filed by the respondents
authorities. They have denied the averments made in the writ petition.
They have taken a specific stand that an alternative efficacious remedy is
available to the petitioner in terms of Rule 23 of the Civil Services
(Classification, Control and Appeal) Rules, 1966. Placing reliance on the
judgment passed by Hon'ble Supreme Court in the case of State of
Orissa Vs. Vimal Kumar Mohanti reported in 1994 (4) SCC 126 and
S. A. Khan vs. State of Haryana, reported in AIR 1993 SC 1152, he has
prayed for dismissal of the petition on the ground of availability of
alternative remedy.
5. As far as the merit is concerned, it is contended by learned counsel
for the respondents that under the Jal Jeevan Mission, the petitioner being
the head of Block Dheemarkhera had only installed 156 household tab
connections from April to August in the Session of 2021-22 which is too
lesser from the progress of other blocks. It is further contended that the
petitioner was on leave from 19.7.2021 till 21.7.2021 for 3 days but he
again sent an application for leave from 19.7.2021 till 31.8.2021 due to
severe chest pain. It is submitted that the petitioner was on leave for 3
days only, thereafter, he returned back on duty and was continuously
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working in the department for establishing such contentions. A letter
dated 10.8.2021 which was issued by the In-charge Executive Engineer to
the concerned employee in regard to Flag Hosting Programme which is to
be conducted by the office in the presence of the petitioner and the
petitioner himself had forwarded the said letter to the person concerned
for circulation of the said information, goes to show that the petitioner
was working during the aforesaid period. It is argued that only
suspension order has been issued against the petitioner and the actual
submission of the petitioner is yet to be considered by the authorities.
Suspension is not a punishment; therefore, no relief can be extended to
the petitioner. It is further pointed out that this petition was filed in the
year 2021 and there was no interim relief granted in favour of the
petitioner. Under these circumstances, no relief can be extended to the
petitioner.
6. Heard learned counsel for the parties and perused the record.
7. Apart from the admitted facts in the petition regarding the petitioner
went on leave, a specific question was put to the petitioner's counsel that
when did the petitioner submit his leave application and for which period
the leave was sanctioned to the petitioner, it is pointed out that on
14.7.2021 an application for going on leave was submitted to the
authorities initially for a period of 3 days from 19.7.2021 to 21.7.2021
with permission to remain out of headquarter during the aforesaid period.
Thereafter, he resumed his duties but he again submitted an application
on 23.7.2021 seeking extension of his leave from 19.7.2021 to 31.8.2021.
It is pointed out by counsel for the petitioner that the petitioner sent
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information through whatsapp to the authorities but the same has not been
considered by the authorities. However, the fact remains that whether the
leave sought by the petitioner was sanctioned by the authorities or not,
there is no answer to the aforesaid by the petitioner's counsel. Another
question put to the petitioner's counsel is that what is the current stage of
the suspension, the petitioner's counsel is unaware of the same. As to
whether the suspension of the petitioner is culminated into issuance of a
charge sheet or not, the counsel for the petitioner is unaware of the same.
As there is no interim relief in favour of the petitioner since 2021 and it is
a matter of suspension, no relief can be extended to the petitioner.
8. It is true that the petitioner is having an alternative efficacious
remedy for challenging the suspension order before the Appellate
Authorities. In absence of any justifiable reason that could be pointed out
by the petitioner's counsel showing the sanction of the leave to petitioner
by the competent authorities, no relief can be extended to the petitioner.
9. The petition sans merit and it is, accordingly, dismissed. No order
as to costs.
(VISHAL MISHRA)
JUDGE
JP
JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE,
2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a5a,
postalCode=482001, st=Madhya Pradesh,
PAROUHA
serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402B19143AD99,
cn=JITENDRA KUMAR PAROUHA
Date: 2025.01.30 11:50:28 +05'30'
