MP HC Dismisses Petition of Charge sheeted Employee Seeking Removal of Suspension

The Madhya Pradesh High Court, Indore bench in the case Rajesh Pawaiya versus The State Of Madhya Pradesh observed and has reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the court can extend the suspension only on the basis of a well-reasoned order.

The bench headed by Justice Subodh Abhyankar in the case observed while placing reliance on the decision of the Apex Court in the case of Ajay Kumar Choudhary v. Union of India & Anr the bench observed that it being apparent that after filing of the charge-sheet, it is necessary for the respondents to pass a reasoned order for extension of his suspension. Thus, in view of the same, the court disposed of the petition with a direction to the petitioner to file a fresh representation along with all the relevant documents to the Commissioner, Indore Division, Indore who shall decide the same, in accordance with law and in light of the order which is being passed by the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary (supra), within a further period of four weeks from the date of receipt of certified copy of the said order.

The court while deciding the representation of the petitioner. The respondent shall also be taking into consideration order dated 19.10.2020 passed by this court in the case Ajmer Singh Dudwa v. The State of Madhya Pradesh & others. In the present case, the services of the petitioner was being suspended owing to a departmental inquiry pending against him. Latterly, the charge sheet in the inquiry was being filed but no order was passed revoking the period of his suspension. Aggrieved with the same, the petitioner moved the court. Before the court, it has been submitted by the petitioner that in light of the observations made by the Supreme Court in Ajay Kumar Choudhary case, the Respondent Authorities ought to have passed a well-reasoned order for extension of the petitioner suspension from services. Further, he placed reliance on the decision of the Court in Balmukund Gaud v. State of M.P. & Ors.. It has also been prayed by him by the respondent authorities be directed to decide his representation in light of the jurisprudence laid down regarding the subject concerned. The court while examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the Petitioner. Also, the court has directed to make a fresh representation to the Respondent Authority with all the relevant documents. Further, it has been directed by the Respondent Authority to decide the same within 4 weeks and in light of the decisions in the Ajay Kumar Choudhary case and in Balmukund Gaud. Accordingly, the court disposed of the petition.