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2022 Supreme(MP) 724
High Court of Madhya Pradesh
Subodh Abhyankar, J.
VINOD s/o KHERALIYA – APPELLANT
Versus
STATE OF MADHYA PRADESH & ORS. – RESPONDENTS
W. P. No. 11752 of 2022
Decided On : 29-08-2022
The importance of following due process in departmental enquiries and the consequences of filing petitions with mala fide intentions.
Headnote:
Fraud - Promotion Dispute - Madhya Pradesh Public Health and Family Welfare Department (Directorate of Health Services) Class-III Nurses Services Recruitment Rules, 1989, as amended by Gazette Notification dated 23-10-2015 - Rule 16(13) of Madhya Pradesh Public Health Services (Promotion) Rules, 2002 - Article 226 of Constitution of India
Fact of the Case:
The petitioner challenged the promotion of respondent No. 7 to the post of Matron, alleging that it was de hors the provisions of Recruitment Rules and obtained through collusion and fraud. The petitioner sought various reliefs including quashing of the promotion order and disciplinary action against respondent No. 7.
Finding of the Court:
The Court dismissed the petition, citing non-joinder of necessary party, initiation of departmental enquiry against respondent No. 7, lack of pecuniary benefit from the promotion, and absence of prejudice to other candidates. The Court also found the petition to be filed with mala fide intentions and imposed an exemplary cost of Rs. 100,000 on the petitioner.
Issues: Non-joinder of necessary party, initiation of departmental enquiry, lack of pecuniary benefit, absence of prejudice to other candidates, mala fide intentions of the petitioner
Ratio Decidendi: The Court emphasized the importance of following due process in departmental enquiries and the need to avoid prejudice to uninvolved parties. It also highlighted the consequences of filing petitions with mala fide intentions.
Final Decision: The petition was dismissed with an exemplary cost of Rs. 100,000 imposed on the petitioner.
ORDER : – Heard finally, although looking to the relief sought by the petitioner, this Court was not inclined to finally hear the matter looking to the long list of motion hearing and more importantly equally long list of final hearing cases matters some of which are more than a decade old but Shri L. C. Patne, learned counsel appearing for the petitioner has strenuously argued that if the petition is not decided today only, it would be rendered infructuous within two days’ time as the respondent No. 7 whose order of promotion is challenged by the petitioner, is due to retire on 31-8-2022 only. Although, the aforesaid prayer of early hearing of the petition is opposed by counsel for the respondents and it is submitted that there is no urgency in the petition which can very well be decided on any other day also as no prejudice would be caused to the petitioner who himself has no locus to file this petition and it would not be rendered infructuous if not decided today only. However, as Shri Patne has again vehemently submitted that grave injustice would be caused to the cause espoused by the petitioner, on his insistence the matter is heard finally.
2. The petition has been filed under Article 226 of Constitution of India, against the order dated 27-11-2015, passed by the respondent No. 2-Director (Nursing), Directorate of Health Services, Satpuda Bhawan, Bhopal promoting the respondent No. 7 - Smt. Marjari Ghorpade on the post of Matron in the pay scale of Rs. 9300-34800+Grade Pay 4200 which according to the petitioner, is de hors the provisions of Recruitment Rules governing such promotions namely, Madhya Pradesh Public Health and Family Welfare Department (Directorate of Health Services) Class-III Nurses Services Recruitment Rules, 1989, as amended by Gazette Notification dated 23-10-2015 issued by respondent No. 1 which provides five years of experience on the post of Nursing Sister for being considered for promotion on the post of Matron. The petitioner has sought the following reliefs in the petition : –
“(a) to call for the relevant records of the case; (b) to quash the impugned promotion order dated 27-11-2015 (Annexure P/3) issued by Respondent No. 2 promoting Respondent No. 7 on the post of Matron in the Respondent No. 1 Department, by a writ of CERTIORARI/QUO WARRANTO or any other appropriate writ, direction or order; (c) to command the Respondent No. 1 to 6 to take suitable disciplinary and penal action against Respondent No. 7 for procuring promotion on the post of Matron, District Hospital, Mandsaur under Scheduled Caste category despite belonging to Unreserved category and despite not having the requisite experience of 5 years on the post of Nursing Sister, by writ of MANDAMUS or any other appropriate writ, direction or order; (d) to allow this petition with costs; (e) to pass such other order(s) as this Hon’ble Court may deem fit in the fact and circumstance of the case to grant relief to the petitioner.”
3. It is contended that the aforesaid qualification was lacking in the respondent No. 7, in as much as the respondent No. 7 was promoted from the post of Nursing Sister by an order dated 6-12-2010, without having five years experience in Nursing Sister as provided under the aforesaid Recruitment Rules. It is also averred that the promotion has been obtained by the respondent No. 7 under S.C. category, in active collusion with the officials of the respondent No. 1/Department, despite the fact that the respondent No. 7 belongs to unreserved category and, hence, her promotion on the post of Matron under the SC category is not only a fraud upon the Constitution, but it is also in violation of Rule 16(13) of Madhya Pradesh Public Health Services (Promotion) Rules, 2002, which provides that in no circumstances any vacancy of reserve category shall be filled up for promotion from the Public Servant belonging to any other category. And hence, a writ of quo warranto has been sought against the promotion of the respondent
