अख़बार की दुनिया मे बेबाक़ी का सबसे बड़ा कलेजा

【 RNI-HIN/2013/51580 】
【 RNI-MPHIN/2009/31101 】



Jansamparklife.com







Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

02 Jan 2023

no img

Madhya Pradesh: The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order.

The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of Ajay Kumar Choudhary v. Union of India & Anr.-

In view of the aforesaid, it is apparent that after filing of the charge-sheet, it is necessary for the respondents to pass a reasoned order for extension of his suspension. In view of the same, the petition is hereby disposed of with a direction to the petitioner to file a fresh representation along with all the relevant documents to the Commissioner, Indore Division, Indore (respondent No.4), who shall decide the same, in accordance with law, in the light of the order passed by the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary (supra) within a further period of four weeks from the date of receipt of certified copy of this order. While deciding the representation of the petitioner, the respondent shall also take into consideration order dated 19.10.2020 (Annexure P/14) passed by this Court in Writ Petition No.1035/2020 (Ajmer Singh Dudwa v. The State of Madhya Pradesh & others).

Facts of the case were that the services of the Petitioner were suspended owing to a departmental inquiry pending against him. Later, the charge-sheet in the inquiry was filed but no order was passed revoking the period of his suspension. Aggrieved, the Petitioner moved the Court.

The Petitioner submitted before the Court that in light of the observations made by the Supreme Court in Ajay Kumar Choudhary case, the Respondent Authorities ought to have passed a well-reasoned order for extension of his suspension from services. He further placed reliance on the decision of the Court in Balmukund Gaud v. State of M.P. & Ors.. Thus, he prayed that the respondent authorities be directed to decide his representation in light of the jurisprudence laid down regarding the subject concerned.

Examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the Petitioner. Accordingly, it directed the Petitioner to make a fresh representation to the Respondent Authority with all the relevant documents. It further directed the Respondent Authority to decide the same within 4 weeks and in light of the decisions in the Ajay Kumar Choudhary case and in Balmukund Gaud. With the aforesaid observations, the petition was disposed of.

Case Title: RAJESH PAWAIYA VERSUS THE STATE OF MADHYA PRADESH

मध्यप्रदेश


Latest Updates

No img

RI gets cheated by lawyer in the Capital, accused created fake birth certificate; Kohefiza police registers case


No img

शहर में भूमाफियाओं का फैलता मायाजाल, जाली लेंड के दस्तावेज तैयार कर बटोरते माल!!


No img

Shivraj government suspends officers incharge and Tehsildar over negligence in vaccination in Barwani and Tikamgarh


No img

MP becomes 1st State to implement NMC Order on Govt fee for 50 percent private medical college seats


No img

Masked men loot liquor shop in Jabalpur, looted 1.5 lakhs from the shop: allege shop employees


No img

Piplani PS books 4 under section 353 for assaulting BMC corporater during Mahakal Lok programme streaming from Ujjain


No img

दर्ज़नो तबादलों से थानों की कैफ़ियत में क्या आएगा बदलाओ??


No img

After deadly dog bite incidents in the city, 2 birth control centres to be opened in the capital, 150 dogs to be sterilized daily


No img

MP: The Freedom of Religion Bill 2021 (Love Jihad law) to be passed today in the assembly session


No img

Ujjain police books 10 people under NSA for raising pro-pakistani slogans, 4 arrested


No img

Shivraj gives virtual speech to Khandwa gathering in the middle of the road, crowd gathers


No img

2160 EVMs kept in strong room of old jail Bhopal faces short circuit, CCTVs went off


No img

Accident leaves one devotee dead, 8 injured in Pandit Pradeep Mishra’s Ashram


No img

VIDEO VIRAL: law and order derails in MP, Raddiwala forced to chant Jai Shri Ram in village near Ujjain


No img

सट्टे व अवैध शराब का गढ़ बनता थाना सारणी इलाक़ा, माफ़िया घूमे खुल्लमखुल्ला चिंदी चोर पकड़ाए!