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Madhya Pradesh High Court · body

2014 DIGILAW 1432 (MP)

Raghuraj Singh v. State of M. P.

2014-11-07

SUJOY PAUL

body2014
ORDER 1. With the consent of parties, matter is finally heard. 2. This petition filed under Article 226 of the Constitution challenges the order dated 2.6.2006 (Annexure P-1) whereby the secretarial powers of the petitioner are taken away. The petitioner has also challenged the order dated 17.4.2007 whereby petitioner’s appeal is rejected on the ground that it is belatedly filed. 3. Learned counsel for the petitioner, at the outset, submits that taking away of secretarial powers amounts to removal of the petitioner from the post of Secretary. It is covered by a Division Bench judgment of this Court reported in (Lalla Prasad Burman v. State of M.P. and Others) 2008(II) MPWN 101 = 2008 (3) M.P.L.J. 394 . It is specifically pleaded by the petitioner in paragraph 5.7 of the petition that before passing the impugned order the respondents have not followed the principles of natural justice. Shri Raghuvanshi submits that no enquiry was conducted before passing the order Annexure P-1. 4. Despite several opportunities, respondents have not chosen to file reply in this matter. Thus, there is no reason to disbelieve the aforesaid stand of the petitioner. I find force in the contention that taking away of secretarial powers amounts to removal from the post of Secretary. Thus, this matter is covered by the judgment of this Court in Lalla Prasad Burman (supra). 5. Resultantly, the impugned order Annexure P-1 is set aside. Liberty is reserved to the respondents to proceed against the petitioner in accordance with law. 6. Petition is allowed.