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Madhya Pradesh High Court · body

2018 DIGILAW 567 (MP)

Akash Kumar Patel v. State of M. P.

2018-06-28

SANJAY DWIVEDI

body2018
ORDER 1. As common question is involved in all these petitions, therefore, all the petitions are disposed of by this common order. 2. Learned counsel for the petitioners is mainly aggrieved with the order impugned whereby their services have been terminated by the respondents on the ground that at the time of getting the appointment, they have submitted certain forged documents. 3. The main contention of the petitioners is that before arising at a conclusion regarding submission of forged documents, no notice was given to them and no enquiry in this regard was conducted by the respondents. 4. Learned Government Advocate submits that he has already filed the reply. However, from the said reply, it is not clear whether any opportunity was given to the petitioners before passing the order impugned. 5. Looking to the facts and circumstances of the case, I am of the opinion that it is not proper on the part of the Authority to terminate the services alleging some mischief against the petitioners without making any enquiry or without giving any opportunity of hearing to them. Thus, the respective orders impugned regarding removal/termination/disqualification of the services of the petitioners are hereby set aside. 6. Although, respondent No. 2 is directed to afford an opportunity to the petitioners to substantiate whether allegations made against them are correct or not. The liberty is also granted to respondent No. 2 if not possible for him to make such enquiry then he may assign such work to any other responsible officer and that exercise be completed within a period of two months from the date of submitting certified copy of the order passed today. Till then, the petitioners may not be removed from services on the ground which is alleged in the order impugned. 7. With the aforesaid directions, the petitions are disposed of.