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2020 Supreme(MP) 379

PRAKASH SHRIVASTAVA, VIVEK RUSIA
Neerja Shrivastava – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Harshwardhan Sharma, Shri Amol Shrivastava.
For the Respondent: Shri Amit Seth.

ORDER :

1. This order will govern the disposal of WA No. 593/2020 and WA No. 580/2020 as both these Writ Appeals have been filed against the order of learned Single Judge dated 3.6.2020 passed in WP No. 7476/2020.

2. The respondent No. 4 (in WA No. 593/2020) namely Jagdish Rathi was working as Assistant Commissioner, Excise, District Ratlam. He was placed under suspension by order dated 6.5.2020 and aggrieved with the same he had filed WP No. 7476/2020. Meanwhile the appellant in WA No. 593/2020 by order dated 13.5.2020 was transferred to the post which had become vacant on account of the suspension of the writ petitioner. Learned Single Judge by the order dated 26.5.2020 had stayed the operation of the order of suspension. The State government had filed the reply dated 30th May, 2020. The appellant in WA No. 593/2020 had filed the intervention application along with the application for vacating of stay. Learned Single Judge by order under challenge has allowed the writ petition and set aside the suspension order passed against the Respondent No. 4 holding it to be a stigmatic order and also observing that the order does not mention that any departmental enquiry is contemplated again

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