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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI ON THE 1st OF MARCH, 2024 WRIT PETITION No. 5061 of 2024 BETWEEN:- LAKHAN LAL KUSHWAHA S/O SHRI RATIRAM KUSHWAHA, AGED ABOUT 50 YEARS, OCCUPATION: PANCHAAT SECRETARY GRAM PANCHAYAT MUDARA JANPAD PANCHAYAT NIWARI DISTT NIWARI (M.P.) (MADHYA PRADESH) .....PETITIONER (BY SHRI V.D.S. CHOUHAN - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. COLLECTOR , DISTRICT NIWARI (MADHYA PRADESH) 3. JILA PANCHAYAT TIKAMGARH THROUGH ITS CHIEF EXECUTIVE OFFICER JILA PANCHAYAT TIKAMGARH DISTRICT TIKAMGARH (MADHYA PRADESH) 4. JANPAD PANCHAYAT NIWARI THROUGH ITS CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT NIWARI DISTRICT NIWARI (MADHYA PRADESH) .....RESPONDENTS (BY SHRI NAVEEN DUBEY - GOVERNMENT ADVOCATE) This petition coming on for admission this day, the court passed the following:
Fact of the Case:
The petitioner was placed under suspension on 23.06.2022. The enquiry has been completed, and the Enquiry Officer has recommended that the petitioner can be reinstated in service by revoking his order of suspension. However, no action has been taken by the department, and the petitioner is still under suspension.
Finding of the Court:
The court directed the Collector Niwari to consider the petitioner's claim and pass an appropriate order revoking the order of suspension within 15 days from the date of submitting a copy of the order.
Issues: Whether the petitioner should be reinstated in service by revoking his order of suspension.
Ratio Decidendi: The court held that the petitioner should be reinstated in service by revoking his order of suspension as the enquiry has been completed, and the Enquiry Officer has recommended that the petitioner can be reinstated in service.
Final Decision: The court disposed of the petition and directed the Collector Niwari to consider the petitioner's claim and pass an appropriate order revoking the order of suspension within 15 days from the date of submitting a copy of the order.
ORDER
By the instant petition filed under Article 226 of the Constitution of India, the petitioner is raising grievance that he has been placed under suspension vide order dated 23.06.2022 (Annexure-P/1).
2. The counsel for the petitioner submits that the enquiry has been completed, in which, the Enquiry Officer has recommended that the petitioner can be reinstated in service by revoking his order of suspension, but still no action has been taken by the department and the petitioner is still under suspension. The petitioner has made representation dated 19.02.2024 (Annexure-P/5) before the Collector Niwari, which is still pending.
3. Accordingly, this petition is disposed of directing the Collector Niwari to considering the claim of the petitioner and if so required, pass an appropriate order revoking the order of suspension. The representation of the petitioner shall be decided by the said authority within a period of fifteen days from the date of submitting a copy of this order in accordance with law.
4. With the aforesaid, the petition stands disposed of. (SANJAY DWIVEDI) JUDGE ac/-
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