The State Women Commission is an investigative and recommendatory body under the Adhiniyam, 1995; it lacks the adjudicatory power to directly order or command disciplinary actions, such as suspension or termination, against government employees in service matters.

AFR

Order on Board

1. Challenge in this Writ Petition is to the recommendation dated 27.03.2021 (Annexure P/1) whereby Respondent No.1 has recommended to Respondent No.2 to initiate departmental enquiry and take necessary action under the provisions of Civil Services Conduct rules against the petitioner and suspend him. It was further recommended that if the allegations labelled on the petitioner are found to be true then he shall be terminated from the services.

2. By way of this Writ Petition, the Petitioner has prayed for the following reliefs:-

10.1 That, Hon'ble Court may kindly be pleased to issue a suitable writ and quash the impugned recommendation dated-27-03.2021 (Annexure-P/1) passed by Respondent No.1.

10.2 That, Hon'ble Court may kindly be pleased to issue a suitable writ and stay the operation and effect of the impugned recommendation dated-27.03.2021 (Annexure-P/1) passed by Respondent No.1.

10.3 That, Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the interest of Justice.

3. Briefly stated facts of the case are that Respondent No.1 Aayog has been constituted under the undivided state of Madhya Pradesh as a State Commission for Women and to provide for matters connected therewith or incidental thereto and the same has been adopted by the State of C.G. after its formation. It is clear from the Madhya Pradesh Rajya Mahila Ayog Adhiniyam, 1955 (hereinafter “the Act, 1995”) that how the members of Aayog will be appointed and what is the power and functions of the Aayog. Respondent no.3 is the wife of petitioner and they got married on 21.05.2002 and out of their relations, three child were born and presently they are living with the petitioner because time to time, respondent no.3 created disturbances in the family but somehow the petitioner managed the same to the best of his ability. Suddenly on 20.11.2019, Respondent no.3 made a complaint against the petitioner and his family members alleging of domestic violence and for mental and physical harassment by petitioner and his family members upon which the matter has been placed before Pariwaar Paramarsh Kendra, Baloda Bazar, where the statement of Respondent no.3 and petitioner was recorded and the matter has been sent to the Protection Officer. Thereafter, the matter has been sent to Judicial Magistrate First Class, Balodabazar wherein case was registered against the petitioner and his family members under section-12 of the Protection of Women for Domenstic Violence Act, 2005, which is pending till now. Prior to registration of the case against the petitioner and his family members under section-12 of the Protection of Women from Domenstic Violence Act, 2005, the petitioner lodged a missing report of his wife i.e. respondent no.3 in which he has alleged that prior to missing of respondent no.3, she threatened him that she will falsely implicate him and his family members in criminal cases, which was informed by petitioner to the concerned police station and requested to take necessary action. Vide notice dated-05.03.2021 under section-155 of Cr.P.C., the police has informed that, no criminal case is made out and therefore it has been advised to him to approach appropriate court with his grievances. When it came to the knowledge of Respondent no.3 that the petitioner has made complaint against her, then she made a complaint before Respondent no.1 with similar allegation (which was labeled before learned Ju