IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI

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ON THE 8 OF DECEMBER, 2025 WRIT PETITION No. 10801 of 2009 PRAKASH DUBEY Versus SECRETARY THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Manish Tiwari - Advocate for the petitioner.

Shri Akshansh Shrivastava - Panel Lawyer for the respondent/State.

ORDER Learned counsel for the petitioner contends that it is a case where while imposing the penalty, the petitioner has been discriminated inasmuch as, on the similar set of charges, the Superintendent of Hostel was also proceeded against and the proceedings ultimately culminated into an order of compulsory retirement. So far as the petitioner is concerned, directly an order of termination is passed. It is contended by the counsel that as per the allegations so levelled in the charges, as the petitioner was absent on 21.09.2007 and 22.09.2007, one of the mates of the hostel fell ill and was ultimately done to death. It is further contended by the counsel that the petitioner in the capacity of Chowkidar, could not have been held liable inasmuch as it was the duty of the Superintendent of Hostel to take care of mates and was also responsi