2024 Supreme(Online)(MP) 56076
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Gulam Murtuza Khan – Appellant
Versus
Collector – Respondent
WP 15455/2024
Advocates:
Ashok Airen,Advocate General
Administrative authorities must act on judicial orders, especially when a conviction leading to dismissal is stayed.
Headnote:(A) Indian Penal Code - Sections 466, 120-B, 468, 471 - Dismissal of service - Petitioner dismissed due to conviction in a criminal case, which has since been stayed pending appeal - Court directed the Collector, Indore to consider the petitioner's representation for reinstatement within 15 days. (Paras 1-3)
(B) Judicial Review - The court emphasized the necessity for administrative bodies to act upon judicial orders, particularly when a conviction that led to dismissal has been stayed. (Paras 2-3)
Facts of the case:
The petitioner, an Assistant Grade in the office of Collector, Indore, was dismissed due to a conviction in a criminal case. Following the stay of his conviction, he sought reinstatement, which was not addressed by the authorities.
Findings of Court:
The court ordered the Collector to consider the petitioner's representation for reinstatement within 15 days, acknowledging the stay of conviction.
Issues: The main issue was whether the petitioner should be reinstated following the stay of his conviction.
Ratio Decidendi: The court held that the administrative authority must act in accordance with judicial orders, particularly when a conviction that justified dismissal has been stayed.
Result: Petition disposed off with directions.
ORDER, which is an application for amendment in the cause title.
Considering the nature of the amendment, which is formal in nature, the application is allowed.
The necessary amendment be carried out by tomorrow.
Learned counsel for the petitioner submits that by order dated 09.02.2024, the service of the petitioner who was appointed as Assistant Grade (VIJAY KUMAR SHUKLA) V. JUDGE III in the office of Collector, Indore was dismissed on account of his conviction in case no.16/2018. Learned counsel for the petitioner submits that against the order of conviction a criminal appeal no.125/2024 was filed before the Principal Bench. His jail sentence has been suspended and also the order of conviction has been stayed by order dated 20.02.2024. The operative part the order passed in CRA No.125/2024 reads as under :-
"Accordingly, the conviction awarded to the appellant vide impugned judgment dated 23.12.2023 passed by Twenty Second Additional Sessions Judge and Special Judge (MP/MLA), Inodre in SC PPS No.16/2018, under Sections 466/120-B, 468/120-B and 471/120-B of the Indian Penal Code is hereby stayed, pending disposal of the instant appeal."
It is further urged that after the stay of the conviction, the petitioner made various representations before the Collector, Indore for reinstatement of service as his conviction has been stayed but till this date, the representations have not been considered.
Considering the aforesaid submissions, the present petition is disposed off with a direction to the respondent no.1/Collector, Indore to consider and decide the representation of the petitioner within the period of 15 days from today considering the fact that the order of dismissal of service was passed on the basis of the conviction by court of law in a criminal case and the conviction has been stayed by the High Court.
With the aforesaid, the present writ petition stands disposed off.
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