IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI ON THE 13^th OF JANUARY, 2026 WRIT PETITION No.27693 of 2025 DR. HEMSHANKAR SHARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shri Harish Kumar Dixit - learned Senior counsel with Shri Parth Dixit - learned counsel for the petitioner.

Shri Ankur Mody - learned Additional Advocate General for the respondents/State.

ORDER

1. Invoking Article 226 of the Constitution of India, the petitioner has challenged order dated 18/12/2024 (Annexure- P/2) passed by respondent no.2, whereby he was placed under suspension in contemplation of the departmental enquiry. The petitioner has also challenged order dated 30/06/2025 (Annexure-P/1) passed under the signature of the Under Secretary, Public Health & Medical Education Department, Bhopal (M.P.), whereby his appeal against the suspension order has been dismissed. The challenge to the impugned orders has been made primarily alleging malice in law on the part of respondent no.2 & 4 as also the competence of respondent no.2 to have decided the appeal.

2. The facts leading to filing of this case are that the petitioner was initially appointed as Assistant Surgeon through Public Service Commission on 03/10/1991. He was subsequently selected in the cadre of Public Health Management on 12/12/2022 and further selected and appointed on the post of the District Health and Family Welfare Officer on 10/02/2023.

3. As per the averments made in the writ petition, under the National Health Mission, State NSV (Non Scalpel Vasectomy) Resource Centre has been established in Gwalior. The petitioner has been assigned the duties of the State Coordinator in the Centre and in addition he is also working as NSV Surgeon and State NSV Trainer. It is averred by the petitioner that prior to 2019, the office of the Chief Medical & Health Officer (in short' CMHO'), Gwalior used to make payment to the beneficiaries of NSV surgeries through the official account of NSV Centre, Gwalior from where it was drawn and paid to the beneficiaries. The payment in respect of training activities was also similarly sent to the office of Regional Joint Director, Gwalior and they were drawn and paid to the Trainee Medical Officers. It is further averred that in the year 2019, the NHM adopted e-Vittapravah software for online payment to the beneficiaries of NSV surgeries and to the Trainee Medical Officers. In order to make online payment, the drawing and disbursing office is required to have separate IDs for maker, approver and verifier of the payment. It is further alleged that the NHM has not yet created these IDs for State NSV Centre though request for the same has been repeatedly made to the NHM Director.

4. The petitioner has further alleged that pending creation of IDs, the CMHO, Gwalior has directed for continuing with the earlier system of payment and has further made arrangement for drawing and disbursement of the payment of State NSV Centre from ID of CBMO- Hastinapura. The documents in this regard have been collectively brought on record as Annexure- P/8.

5. It so happened that one Dr. Sachin Shrivastava was given charge of the post of CMHO, Gwalior vide order 02/08/2024. The petitioner claims that Dr. Sachin Shrivastava is about 24 years junior to him and is also not possessed of requisite qualification for holding the post of CMHO. However, when ignoring his seniority, the charge of CMHO was given to Dr.Shrivastava, he filed W.P. No.24797/2024 before this Court. The writ petition was dismissed vide order dated 29/08/2024 (Annexure- P/10). Being aggrieved the petitioner challenged the order passed by the writ Court by filing W.A.No.2260/2024. Dr. Sachin Shrivastava is party in person in the aforesaid proceedings and has contested the appeal tooth and nail.

6. It is the case of the petitioner that writ appeal was heard to some extent on 15/10/2024 in presence of counsel for Dr. Shrivastava. In order to frustrate the petitioner's