IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ASHISH SHROTI

WRIT PETITION No. 21228 of 2025

DEVENDRA SHARMA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

&

WRIT PETITION No. 29518 of 2025

DEVENDRA SHARMA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

_________________________________________________________________

Appearance:

Mr. D.P. Singh - Advocate for the petitioner.

Mr. K.S. Tomar – Government Advocate for the State.

_____________________________________________________________

ORDER

Reserved on : 08.12.2025 Delivered on : 05.01.2026

ORDER

The petitioner has filed W.P. No.21228/2025 challenging the order dated

06.06.2025 passed by respondent no.2, whereby he has been placed under suspension. Further, W.P. No.29518/2025 has been filed challenging the charge sheet, dated 14.07.2025. Since, both the cases relate to same petitioner and

involve similar facts, they are being decided by this common order.

2. The facts necessary for decision of this case are that the petitioner was

initially appointed as Bull Attendar, a Class-IV post, in Animal Husbandry and Dairy Department on 13.01.1995. He was promoted to the post of Assistant Veterinary Field Officer, (AVFO) vide order dated 07.08.2019 and was posted in the office of respondent no.4.

3. The petitioner has alleged that earlier a charge-sheet was issued to him on 12.12.2024 based upon certain old and stale charges. He challenged the said charge-sheet before this Court in W.P. No.272/2025, whereby this Court has stayed further proceedings pursuant to the said charge-sheet vide order dated 09.01.2025. It is his case that being annoyed with the aforesaid act of the petitioner, respondent no.2 initiated proceedings with malafide intention.

4. The petitioner has contended that vide order dated 09.01.2025, a three member committee was constituted by the order of Chief Executive Officer, Zila Panchayat, Gwalior, stated to be approved by Gwalior Collector, in order to enquire into certain allegations of fraudulent withdrawal of Government money. He challenged this order before this Court in W.P. No.2140/2025, wherein also further proceeding was stayed by this Court vide order dated 04.02.2025.

5. It is the further case of the petitioner that he was earlier discharging the work in Computer Cell, procurement of stationery and uniforms, promotional materials etc. Vide order dated 17.12.2024 (Annexure P/7) passed by respondent no.4, said work was withdrawn from him and was given to one Mr. Vinod Kumar Jayant, Assistant Grande-III. The petitioner was directed to work in the Mobile Veterinary Unit. The petitioner being aggrieved by this order also challenged the same before this Court in W.P. No.6122/2025. This writ petition was disposed of by this Court vide order dated 07.03.2025 directing the respondent – Director to consider the grievance of the petitioner and take decision in the matter. It is alleged by petitioner that the respondent no.2, under the garb of complying with the Court order, passed the impugned order dated 06.06.2025, wherein not only his representation is rejected but he has been placed under suspension also. Subsequently, a charge sheet has been issued to him on 14.07.2014. Challenging the order of suspension and the charge sheet, these two writ petitions have been filed by the petitioner.

6. The learned counsel for the petitioner argued that the impugned suspension of the petitioner is the outcome of malafide attitude of respondent no.3 (respondent no.2/ Director impleaded in personal capacity as respondent no.3) inasmuch as he is annoyed with the petitioner's approaching this Court time and again. It is his submission that the suspension of the petitioner is made in routine manner and once the proceedings with regard to charge-sheet dated 12.12.2024 was stayed by this Court, the petitioner could not have been placed under suspension. The learned counsel further submitted that vide order dated 07.03.2025, this Court only directed respondent no.2 to consider the pe