High CourtsSingle Bench(2019) 03 MP CK 0184

Smt. Jyoti Shukla vs State Of M.P. And Others

Madhya Pradesh High Court · Decided on 4 March 2019

HON’BLE JUDGES
Vishal Dhagat, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 5729 Of 2020

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Judgment

5 paragraphs · 279 words

Learned counsel for the petitioner has filed the present writ petition being aggrieved by the order dated 19.07.2019. It is submitted by the learned counsel for the petitioner that certain adverse remarks has been made by the Special Court, Prevention of Corruption Act, against the petitioner in its judgment dated 30.09.2011 in special case no.02/2006. It is submitted by him thereafter petitioner was continued in services and petitioner was also promoted on upgradation and pay was granted to her. No action was taken against the petitioner after 2011 and all of a sudden an order has been passed on 19.07.2019. On the basis of adverse remarks, which has been made in the judgment dated 30.9.2011. It is submitted by the learned counsel for the petitioner that no departmental enquiry or any other action has been taken against the petitioner and in absence of such action, order dated 19.07.2019 is illegal.

Learned counsel for the State Government submits that he requires some time to verify the facts whether any action is taken against the petitioner or not in pursuance to adverse remarks made in special case no.02-2006. Learned Government Advocate for the respondents State that petitioner is still continuing in service and at present, no action is being taken against him.

Learned counsel for the petitioner submitted that pursuance to order dated 19.07.2019, petitioner may be reverted back and his absorption in school education department may be cancelled and therefore, he makes a prayer that status-quo may be granted to him.

A week's time is granted to the respondent State to seek instruction in the matter.

Meanwhile, status-quo may be maintained as it exists today in respect of the petitioner.