Madhya Pradesh High Court

WP/2108/2024 of DHEERAJ KUMAR SAXENA Vs THE STATE OF MADHYA PRADESH on 5 February 2024

COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SHRI JUSTICE ANAND PATHAKON THE 5[th] OF FEBRUARY, 2024

WRIT PETITION No. 2108 of 2024

BETWEEN:-

DHEERAJ KUMAR SAXENA S/O SHRI PRAKASHNARAYAN SAXENA, AGED 41 YEARS, OCCUPATION:SERVICE (FOREST GUARD) R/O OFFICE OF FORESTRANGE OFFICER GENERAL FOREST DIVISIONDISTRICT SHEOPUR (M.P. ) (MADHYA PRADESH)

(BY SHRI B.M. PATEL- ADVOCATE)

.....PETITIONER

AND

1.THE STATE OF MADHYA PRADESH THROUGH ITSPRINCIPAL SECRETARY MINISTRY OF FORESTDEPARTMENT VALLABH BHAWAN, BHOPAL(M.P.) (MADHYA PRADESH)PRINCIPAL SECRETARY MINISTRY OF FORESTDEPARTMENT VALLABH BHAWAN, BHOPAL(M.P.) (MADHYA PRADESH)

2.THE PRINCIPAL CHIEF CONSERVATOR OFFORESTS MADHYA PRADESH VAN BHAWANTULSI NAGAR, LINK ROAD NO.2 BHOPAL(MADHYA PRADESH)FORESTS MADHYA PRADESH VAN BHAWANTULSI NAGAR, LINK ROAD NO.2 BHOPAL(MADHYA PRADESH)

3.CHIEF CONSERVATOR OF FOREST, CIRCLEGWALIOR CENTRAL NURSERY, NEAR CAPTAINROOPSINGH STADIUM, DIST. GWALIOR(MADHYA PRADESH)GWALIOR CENTRAL NURSERY, NEAR CAPTAINROOPSINGH STADIUM, DIST. GWALIOR(MADHYA PRADESH)

4.FOREST RANGE OFFICER GENERAL FORESTDIVISION SHEOPUR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI RAVINDRA DIXIT- GOVERNMENT ADVOCATE FORRESPONDENT/STATE)

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

ORDER

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1. The instant petition has been preferred by petitioner under Article 226of the Constitution seeking following reliefs:- 1- That, the respondents may kindly be directed todecide the representation dtd.29.06.2023(Ann. P/1),the representation dtd. 21.08.2023 (Ann. P/4) andrepresentation dtd.19.12.2022 (Ann.P/17) pendingconsideration before the respondents.

2- That, any other relief this Hon'ble Court deems fit and proper in the facts and circumstances of the casemay also be issued in favor of the petitioner.

2. It is the submission of learned counsel for petitioner that petitioner is working as Forest Guard and suffered in departmental enquiry wherebypunishment has been inflicted of stoppage of two increments withoutcumulative effect. Against the order dated 08.03.2021, petitioner preferred anappeal before the Chief Conservator of Forest, Circle- Gwalior (respondentNo.3 herein) but he suffered. Thereafter, second appeal has been preferred bypetitioner before the Principal Chief Conservator of Forest (respondent No.2herein) and the said second appeal is pending since 19.12.2022 and more thanone year has passed since then. It is further submitted that because of pendencyof the appeal, his case for promotion is not being considered. Petitioner seeksearly consideration over his appeal so that depending upon the fate of appeal,he may aspire for promotion subsequently.

3. Learned counsel for respondent/State opposed the prayer, however,fairly submitted that if any appeal is pending consideration, then same shall betaken care of as per law by the appellate authority.

4. Considering the submissions and the fact that appeal is pendingconsideration for more than one year, this petition is disposed of with adirection to Principal Chief Conservator of Forests (respondent No.2) to consider the pending appeal on its own merits and decide the same at anexpeditious note preferably within a period of two months from the date ofsubmission of certified copy of this order so that petitioner thereafter can aspirefor promotion, if he succeeds in the appeal.

5. Resulting, the petition stands disposed of with the aforesaid direction.

Vishal

(ANAND PATHAK)JUDGE

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