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2015 DIGILAW 1161 (MP)

Mukesh Kumar Rai v. M. P. State Agriculture Marketing Board

2015-11-06

C.V.SIRPURKAR, RAJENDRA MENON

body2015
ORDER 1. This Challenge in this writ appeal under section 2(1) of M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, has been made to an order dated 15.10.2015 passed by the writ Court in Writ Petition No.17708/2015 [ 2015(III) MPWN 134 ], whereby a petition filed seeking quashment of charge-sheet dated 11.8.2014 and an order of suspension dated 1.7.2015 has been dismissed. 2. As far as dismissing the petition challenging charge-sheet is concerned, we see no error in the order passed by the writ Court, however as far as suspension is concerned, the writ Court has dismissed the petition only on the ground that no violation of rules and regulations have been pointed out. However we find that against the same petitioner, departmental proceedings were conducted and the petitioner was also suspended in another departmental enquiry vide order dated 10.8.2015. This order of suspension was challenged by the petitioner by filing a separate writ petition bearing Writ Petition No.17706/2015 and a Bench of this Court considered the same and finding that against the suspension petitioner has submitted representation to the Director, M.P. State Agriculture Marketing Board, the writ petition was disposed of directing the competent authority to consider and decide the representation in accordance with law, by a speaking order within a period of two months. That being so, in the matter of suspension of petitioner two orders are available, passed by two different Benches of this Court, in one order the suspension order is upheld and in the other order option is given to the petitioner to submit a representation against the suspension and competent authority was directed to consider and decide the representation. 3. That being so, with a view to maintain parity, we allow this appeal to the extent, as far as it the order passed by learned Single Judge is set aside and it is directed that a representation in the form of an appeal be filed to the Managing Director, M.P. State Agriculture marketing Board, 26, Arera Hills, Kissan Bhawan, Bhopal with regard to suspension only and on the same being done the appellate authority shall decide the same in accordance with law, keeping in view the directions already issued in the case of petitioner on 20.10.2015 in Writ Petition No.17706/2015(S) within a period of sixty days. 4. With the aforesaid direction, this appeal stands allowed to the extent as indicated hereinabove.