IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

WRIT PETITION No.13139 of 2022

PANKIT SHARMA

Versus

STATE OF M.P AND OTHERS

Appearance:

Shri L.C. Patne -Advocate for the petitioner.

Shri Anirudh Malpani -GA for the respondents/State.

Reserved on : 11/12/2025

Post on :13/01/2026

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O R D E R

The present writ petition has been filed by the petitioner

under Article 226 of the Constitution of India, calling in question the legality and validity of the order of dismissal dated 03/07/2019 passed by Respondent No.3 under Rule 19(2) of the M.P. Civil

Services (Classification, Control and Appeal) Rules, 1966 read with proviso to Article 311(2) of the Constitution of India. The petitioner has also assailed the order dated 17/12/2019 passed by Respondent No.2 rejecting his statutory appeal and the order dated 09/05/2022 passed by Respondent No.1 rejecting his review petition. The petitioner seeks appropriate relief on the grounds of violation of principles of natural justice, lack of jurisdiction, and hostile discrimination in the matter of imposition of punishment.

2. It is the case of the petitioner that the petitioner was initially appointed on the post of Jail Warder by order dated 09/03/2013 issued by the Superintendent, Central Jail, Ujjain in the regular pay scale of Rs. 5200–20200 with Grade Pay of Rs. 1900/- along with admissible allowances. Thereafter, he was confirmed on the said post with effect from 23/03/2015. Thus, the appointing authority of the petitioner is the Jail Superintendent, Central Jail, Ujjain, who is superior in rank to the Superintendent, District Jail, Neemuch.

3. Thereafter, on 22/06/2019, as many as four prisoners absconded from Barrack No.11 of District Jail, Neemuch, on account of which the petitioner was placed under suspension vide order dated 23/06/2019 issued by Respondent No.3. That the Superintendent of Police, District Neemuch, submitted a report dated 01/07/2019 (Annexure P/5), holding the petitioner and three other Jail Warders namely Shri Bijendra Singh Dhakad, Shri Ishwar Chand Rampuri and Shri Balmukund Labana guilty of the said incident. However, while recording such findings, no enquiry whatsoever was conducted with the participation of the petitioner. The petitioner was not afforded any opportunity of hearing, statements of witnesses were recorded behind his back and no opportunity of cross-examination was granted; nor was any opportunity provided to lead evidence in defence. Even the relevant documents were not supplied to the petitioner.

4. In the meantime, an FIR bearing Crime No. 364/2019 was registered against the petitioner and other Jail Warders on 23/06/2019 at Police Station Neemuch Cantt. for offences under Sections 222, 224, 225 and 120-B of IPC, 1860. The petitioner was arrested on 29/06/2019 and remained in judicial custody at Sub- Jail, Jawad, District Neemuch up to 04/07/2019, and thereafter at Central Jail, Bhopal till 24/09/2019. Based solely on the aforesaid ex-parte preliminary enquiry, wherein the principles of natural justice and fair play were grossly violated, Respondent No.3 passed the impugned order dated 03/07/2019 (Annexure P/7), dismissing the petitioner from service by dispensing with the regular departmental enquiry on the ground that there was likelihood of the petitioner being exonerated and that holding of enquiry would cause serious law and order problems, making it difficult for the department to prove the charges.

5. Being aggrieved, the petitioner preferred a statutory appeal on 01/11/2019 before Respondent No.2 within 45 days from his release from judicial custody on 24/09/2019, as the impugned order could be communicated to him only thereafter. However, without considering the actual date of communication and the period of judicial custody, Respondent No.2 dismissed the appeal vide order dated 17/12/2019 (Annexure P/9) solely on the ground of delay. The