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NEUTRAL CITATION NO. 2026:MPHC-GWL:4980

1 WP. No. 3755 of 2017

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

th

ON THE 5 OF FEBRUARY, 2026

WRIT PETITION No. 3755 of 2017

VIJAY CHATURVEDI

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Anand Vinod Bhardwaj - Advocate for petitioner.

Shri Sohit Mishra – Government Advocate for respondent/State.

ORDER

This petition, under Article 226 of Constitution of India, has been filed

seeking the following relief (s):

“a) Allow the present petition; and,

b) Set aside Annexure P-1; and/or,

c) Any other relief which this Hon'ble court deems fit in the facts &

circumstances of the case may also be passed.”

2. Learned counsel for petitioner submits that petitioner was appointed as

Guest Faculty/Teacher in Physics (Electronics) subject from 2007 till 2016. On

17.03.2017, an F.I.R. was lodged under Sections 294, 323 and 506 of I.P.C.

Signature Not Verified

Signed by: PAWAN

DHARKAR

Signing time: 2/12/2026

10:30:58 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4980

2 WP. No. 3755 of 2017

against petitioner by his colleague Shri V.G. Telang. On the basis of said F.I.R.

and the complaint made by Shri V.G. Telang, an in-house enquiry committee was

appointed and petitioner was asked to remain present on 17.03.2017 &

21.03.2017. It was further directed to submit his reply in writing on 22.03.2017.

The petitioner filed his reply and specifically stated that he has neither abused

nor assaulted his colleague and further stated about the financial irregularities

committed by Shri Telang. Thereafter, a show cause notice was issued on

23.03.2017. Petitioner submitted detailed reply to the said notice (Annexure P-8)

and specifically stated that in classroom CCT.V. cameras were installed and

therefore their footages can be seen and also stated that none of the students gave

statement before the Police Officers and he was ready to resume his duties.

Learned counsel for petitioner further submitted that no charge-sheet has ever

been issued to petitioner and only the in-house enquiry has been conducted by

respondents and no regular departmental enquiry has been conducted. The

statements of witnesses and complaint have been recorded in absence of

petitioner and no opportunity of cross-examining the complainant and other

witnesses has been extended to petitioner. Learned counsel for petitioner submits

that petitioner has already been acquitted in criminal case registered against him

(RCT No.1884/2017) vide judgment dated 17.05.2023 passed by Judicial

Magistrate First Class, Gwalior (M.P.) (Annexure P-11). Learned counsel for

petitioner further submitted that the impugned order passed by respondents is a

non-speaking, unreasoned and stigmatic order based on in-house/fact-finding

enquiry report without conducting any regular departmental enquiry.

3. Per contra, learned counsel appearing on behalf of respondent/State

submits that as per terms and conditions of the invitation letter (Annexure P/3), it

Signature Not Verified

Signed by: PAWAN

DHARKAR

Signing time: 2/12/2026

10:30:58 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4980

3 WP. No. 3755 of 2017

is clearly mentioned that in case there is a complaint of indiscipline, the Principal

has full powers to cancel the invitation letter. Thus, the action taken against the

petitioner is fully authorised and within the competence of the authority. It is

further submitted that invitation was only for the session 2016-17, which has

since come to an end. Thus, the petitioner cannot be given relief of reinstatement.

It is further submitted that petitioner was found guilty in the in-house enquiry,

which was conducted and full opportunity to take his defence was offered to

petitioner. The Enquiry Committee took the statements of all concerned,

including the students in whose presence the incident had occurred and came to a

conclusion that petitioner is guilty of indiscipline. Learned counsel for

respondent/State submits that a show-cause notice was duly issued and after

fo