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2020 DIGILAW 1179 (MP)

Bhupendra Singh Kushwaha v. State of M. P.

2020-11-03

S.C.SHARMA, SHAILENDRA SHUKLA

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ORDER 1. Parties through their counsel. 2. The petitioner before this Court has filed this present petition stating that the respondent No.3, who is the Chairperson of M.P. Pichhada Varg Commission has committed certain irregularity. He has made several complaints to Chief Election Commissioner, Bhopal as well as New Delhi in respect of the misconduct of certain officers and as he is a public servant he has committed a misconduct. The petitioner has prayed for the following reliefs :- “1 Kindly, issue any appropriate writ, direction or order directing respondents to initiate departmental inquiry against him for the abuse of his position as Chairperson of the Madhya Pradesh Pichhada Varg Ayog. 2. Kindly direct respondent authorities to immediately suspend respondent No.3 from the post of Chairperson M.P. Pichhada Varg Ayog. 3. Kindly, direct respondents to remove respondent No.3 from the post of Chairperson, M.P. Pichhada Varg Ayog. 4. Any other relief which this Hon'ble Court deems fit may kindly be given in the favor of the petitioner.” 3. Section 4, section 10 and section 16 of M.P. Pichhada Varg Ayog, 1995 reads as under :- “4. Term of office and conditions of service of Chairperson or Members. - (1) Every non-official member of the Commission shall hold office for a term of three years from the date he assumes charge of his office. (2) A member may, by writing under his hand addressed to the State Government, resign from the office of Chairperson or as the case may be, of member at any time. (3) The State Government shall remove a person from the office of member if that person- (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent Court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or (f) has in the opinion of the State Government, so abused the position of Chairperson or Member as to render his continuance in office detrimental to the interest of backward classes or the public interest: Provided that no person shall be removed under this clause unless he has been given an opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filed by fresh nomination and the person so nominated shall hold office for the remainder terms of his predecessor. (5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and the Members shall be such as may be prescribed. 10. Powers of the Commission. - The Commission shall, while performing its functions under sub-section (1) of section 9, have all the powers of a Civil Court trying a suit and in particular, in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. 16. Chairperson, Members and employees of the Commission to be public servants. - The Chairperson, Members, Officer and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). 4. In the considered opinion of this Court the Act of of 1995 is a complete Code in itself and the State Government is the best judge to take appropriate action as per the provisions of Act of 1995. The petitioner is certainly free to approach the State Government in the matter. 5. With the aforesaid, admission is declined.