IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA th ON THE 4 OF MARCH, 2025 WRIT PETITION No. 19442 of 2023 SUNIL KUMAR UPADHYA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Vaibhav Kumar Pandey - Advocate for the petitioner.

Shri Jubin Prasad - Panel Lawyer for the respondents/State.

ORDER The present petition has been filed seeking the following reliefs :-

"i) This Hon'ble Court may kindly be pleased to issue a writ of mandamus by directing the respondents to permit the petitioner to re-join his post of Gram Rojgar Sahayak at Gram Vicharpur, Tehsil Kotma, District Anuppur and also directed the respondent to give back wages to the petitioner as per looking to his bad financial condition in the interest of justice.

ii) This Hon'ble Court may kindly be pleased to issue a writ of mandamus to direct the respondents to consider the representations of the petitioner in accordance of law, in the interest of justice.

iii) To grant any other relief which may deem fit and proper in the facts and circumstances of the case."

2. It is the case of the petitioner that he was appointed on the post of Gram Rozgar Sahayak in Gram Panchayat, Vicharpur District Annupur on 04.03.2014 and after the appointment, the petitioner was working with utmost devotion and sincerity in the respondent/department. In the year 2022 a false criminal case has been registered against the petitioner due to which he was arrested on 17.11.2022 and on 02.12.2022 he was released on bail by the Hon'ble High Court vide order dated 30.11.2022 in M.Cr.C.No.55804/2022. On 05.12.2022, he approached the authorities by filing a representation requesting for re-joining on the post in question as he has already been released on bail by this Court. The authorities without rhyme and reason had not paid any heed to his representation, neither they have passed any order terminating the services of the petitioner. It is argued that the respondent No.4/C.E.O. Janpad Panchayat Kotma by oral instructions has informed the petitioner that as the criminal case is registered against him, therefore, he cannot be permitted to continue on the post in question. It is argued that the provisions as contemplated under the Rules for terminating the services of Gram Rojgar Sahayak are not followed in the present matter. No show cause notice was issued to the petitioner at any point of time, nor any opportunity of hearing was granted to him. Only on oral instructions, he has been thrown out of services, therefore, the present petition has been filed.

3. On notice being issued, a detailed reply has been filed by the authorities pointing out the fact that the criminal case has been registered against the petitioner for offence under Sections 376, 376 (2)(n) of Indian Penal Code at Crime No.73/2022 at Police Station - Mahila Thana, Shahdol in which the petitioner was arrested on 17.11.2022 and he was confined to jail for a period of 16 days. Thus, he remained on unauthorised absent from his duties w.e.f. 04.09.2022 without any intimation to the competent authority. He is a contract employee and his service conditions are governed by the conditions mentioned in the guidelines dated 02.06.2012 and the conditions mentioned in the agreement of service. The condition No.16 of the guidelines deals with termination of service of Gram Rozgar Sahayak and condition No.16.1 specifically mentions that in case of registration of a criminal case or detention of a contract employee in custody for more than 48 hours, the services stands terminated. It is submitted that there is no dispute with respect to the proposition that the petitioner is a contract employee and he was arrested and confined to jail for a period of 16 days. Thus, in view of the guidelines, the authorities have not permitted the petitioner to rejoin the duties. Even otherwise, the contract period of the petitioner is over, therefore, he cannot be permitted to rejoin his services any more. The crimin