Madhya Pradesh High Court

WP/30284/2023 of UPENDRA SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK AGARWALON THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 30284 of 2023

BETWEEN:-

UPENDRA SINGH S/O SHRI RAJ PRATAP SINGH, AGEDABOUT 53 YEARS, OCCUPATION: MANAGER DISTIRCTCENTRAL COOPERATIVE BANK MYDT. SIDHI VALLABHBHAWAN BHOPAL (MADHYA PRADESH)

(BY SHRI ANIL LALA - ADVOCATE)

.....PETITIONER

AND

1.THE STATE OF MADHYA PRADESH THROUGHTHE SECRETARY COOPEARTIVE DEPARTMENTMANTRALAY VALLABH BHAWAN BHOPAL(MADHYA PRADESH)THE SECRETARY COOPEARTIVE DEPARTMENTMANTRALAY VALLABH BHAWAN BHOPAL(MADHYA PRADESH)

2.THE STAFF SUB COMMITTEE DISTRICTCOOPERATIVE CENTRAL BANK SIDHI DISTRICTSIDHI (MADHYA PRADESH)COOPERATIVE CENTRAL BANK SIDHI DISTRICTSIDHI (MADHYA PRADESH)

3.THE DISTRICT COOPERATIVE CENTRAL BANKS I D H I DISTRICT SIDHI THROUGH THEADMINISTRATOR (MADHYA PRADESH)S I D H I DISTRICT SIDHI THROUGH THEADMINISTRATOR (MADHYA PRADESH)

4.THE CHIEF EXECUTIVE OFFICER DISTRICTCOOPERATIVE CENTRAL BANK SIDHI DISTRICTSIDHI (MADHYA PRADESH)COOPERATIVE CENTRAL BANK SIDHI DISTRICTSIDHI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI SHIV KUMAR SHRIVASTAVA - GOVERNMENT ADVOCATE FORTHE RESPONDENT NO.1-STATE AND SHRI BRAMHDATT SINGH -ADVOCATE FOR THE RESPONDENT NO.4)

This petition coming on for admission this day, the court passed the following:

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ORDER

Petitioner's contention is that Coordinate Bench of this Court in WritPetition No.7827/2019, passed orders on 19.09.2023, whereby, it had set asidethe earlier order of suspension dated 11.02.2019, on account of registration of aCriminal Case No.02/2014, but that order was set aside on the ground of havingbeen made by the incompetent authority.

Coordinate Bench observed that order of suspension could have beenpassed by Staff Up Samiti, but since the earlier order of suspension ascontained in Annx.P/1, was passed by the Chief Executive Officer of the Bankwith the approval of the Collector and Administrator and not the Staff UpSamiti, that order was set aside. However, liberty was reserved in favour of theBank to pass a fresh order. In review which was filed by the petitioner, orderwas modified to the extent that if petitioner makes a representation for review ofthe order, then in terms of the provisions contained in Service Regulation 52,that application for review too will be considered.

Now, vide impugned order Annx.P/3, the illegal order has been ratifiedby the Chief Executive Officer without understanding the meaning and import ofthe orders passed by the Coordinate Bench.

Shri Bramhadatt Singh, learned counsel is at loss to explain that how anillegal order can be ratified from a retrospective date.

In the opinion of this Court, only two courses were open to therespondents; one to review the order in terms of Service Regulation 52, andanother, if they would have found that the order is not reviewable or there areno grounds to review the same, they could have passed a fresh order ofsuspension against the petitioner. Therefore, impugned order Annx.P/3,ratifying the illegal order already set aside by the Coordinate Bench of thisCourt, cannot be given a seal of approval.

Accordingly, impugned order dated 27.09.2023, is hereby, quashed. Respondents will be at liberty to examine the validity of placing the petitionerunder suspension, keeping in view the Service Jurisprudence and also theService Regulation 52, in mind and if they come to a conclusion that placing thepetitioner under suspension is necessary, then they may pass a fresh order.With the aforesaid, petition is disposed of.

A.Praj.

(VIVEK AGARWAL)JUDGE

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