Madhya Pradesh High Court
WP/18163/2022 of KAMAL SINGH KUSHWAHA Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWALON THE 1[st] OF FEBRUARY, 2024
WRIT PETITION No. 18163 of 2022
BETWEEN:-
KAMAL SINGH KUSHWAHA S/O LATE SHRI J.L.KUSHWAHA, AGED ABOUT 62 YEARS, OCCUPATION:DISTRICT EDUCATION OFFICER PANNA DISTRICTPANNA (MADHYA PRADESH)
(BY SMT. SUDHA GAUTAM - ADVOCATE)
.....PETITIONER
AND
1.STATE OF MADHYA PRADESH THROUGHPRINCIPAL SECRETARY SCHOOL EDUCATIONDEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2.STATE OF MP THROUGH DEPPUTY SECRETARYSCHOOL EDUCATION DEPARTMENT VALLABHBHAWAN DISTRICT BHOAPL (MADHYA PRADESH)
3.C O M M I S S I O N E R , PUBLIC INSTRUCTIONGAUTAM NAGAR, BHOPAL (MADHYA PRADESH)
(BY SHRI T.K. KHADKA - PANEL LAWYER)
.....RESPONDENTS
This petition coming on for admission this day, the court passed thefollowing:
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ORDER
Petitioner's contention is that petitioner was visited with punishment ofstoppage of one increment with non-cumulative effect vide order dated12/07/2017 passed by School Education Department against which petitionerhad filed an appeal (Annexure-P/5) dated 18/08/2017 but that appeal is yet not decided.
2. It is submitted that since appeal is not decided, interest of the petitioneris being prejudice as he has already attained the age of superannuation.
3. Learned Panel Lawyer for the State submits that appeal will lie to theGovernor and not to the Principal Secretary inasmuch as order of punishment ispassed by the State Government.
4. In view of such facts, let the appeal as contained in Annexure-P/5 betreated to be an appeal filed before the Governor and be placed before theCabinet for decision in accordance with law. Let decision be taken andcommunicated to petitioner within a period of 60 days of receipt of certifiedcopy of this order being passed today.
5. This Court has not expressed any opinion on the merits of the case.
6. In above terms, this petition is disposed of.
ts
(VIVEK AGARWAL)JUDGE