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Madhya Pradesh High Court · body

1978 DIGILAW 88 (MP)

Krishna Kumar Lal v. State of M. P.

1978-01-30

C.P.SEN, SHIVDAYAL

body1978
Short Note : It was a petition under Articles 226 and 227 of the Constitution for quashing the order of termination dated 22-8-1970, terminating the services of the petitioner as Assistant Conservator of Forests and also other appropriate reliefs. Held : After the petitioner was removed from service, he applied directly to the Public Service Commission for the post of Lecturer in Botany in the Education Department of the Government of Madhya Pradesh. His application was not forwarded by the Forest Department, as he was no longer in service. The Chief Conservator of Forest had informed the Public Service Commission and he had no objection if the application of the petitioner was considered although he had been removed from service. However, the petitioner was selected by the Public Service Commission and he was appointed a Lecturer in Botany in the Education Department of the Government of Madhya Pradesh and he is serving there vide order dated 3-6-1974, the petitioner has been confirmed in the post of Lecturer in Botany with effect from 11-5-1972. Obviously, the petitioner has been confirmed in Government service in the Education Department of the Government of Madhya Pradesh and he cannot possibly hold post in other department simultaneously. In view of this fact, no relief could be given even if this Court were to hold that the termination order of the petitioner is bad and ultra vires unless and until the petitioner resigns from his job from the Education Department. Petition dismissed.