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2023 Supreme(MP) 161

SANJAY DWIVEDI
Shashikant Tiwari – Appellant
Versus
State of M. P. – Respondent


Advocates:
Akash Singhai for petitioner; L.A.S. Baghel, Government Advocate, for respondents.

ORDER

1. The petitioner has filed this petition under Article 226 of the Constitution of India questioning the legality, validity and propriety of order dated 6.2.2023 (Annexure-P/3) whereby his services have been terminated by respondent No.3 on the ground that an offence vide Crime No.204/2022 under sections 7(A), 13(1)B, 13(2) of the Prevention of Corruption Act, 1988 is registered against the petitioner.

2. Learned counsel for the petitioner is challenging the impugned order mainly on the ground that though the petitioner is a contractual employee, but merely on the basis of registration of an offence, his services cannot be terminated. He submits that unless the petitioner is held guilty, the action taken by the respondents terminating his services is not proper. He has placed reliance upon a judgment of Gujrat High Court passed on 8.2.2022 in R/Special Civil Application No.22681 of 2019 (Minakshiben Laxmanbhai Paraliya Vs. State of Gujrat) in which the Gujrat High Court has observed that the order of termination cannot be made only on the basis of registration of an offence and since that is referred in the impugned order, therefore, it can be considered to be stigmatic order i

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