K.L. Banjare Vs. Principal Secretary the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1047986
CourtMadhya Pradesh High Court
Decided OnJul-10-2012
AppellantK.L. Banjare
RespondentPrincipal Secretary the State of Madhya Pradesh
Excerpt:
w.p.no.8343/2012 10/07/2012 shri k.c.ghildiyal, learned counsel for the petitioner. shri b.p.pandey, learned dy. government advocate for the state. petitioner has filed this writ petition challenging the suspension order annexure-p5 dated 23.5.2012. it is stated by the petitioner that earlier on the same set of circumstances, petitioner was suspended vide order dated 25.4.2012, which has been stayed by this court in w.p.no.7032/2012(s) vide order annexure-p2 dated 14.5.2012 and to circumvent the aforesaid order, by giving the different reason, which is not at all tenable, petitioner is being suspended again. records indicated that respondents were directed to file reply and time was granted to them on 18.6.2012 and again on 6.7.2012, inspite of the same, no reply is forthcoming from the respondents. keeping in view the aforesaid, operation of the order annexure-p5 dated 23.5.2012 shall remain stayed and petitioner permitted to work. however, it is directed that if respondents so desire, they may post the petitioner in any other police station instead of posting him in the same police station, from where he has been suspended, however, the posting has to be in the district of anuppur. certified copy as per rules. (rajendra menon) judge nd
Judgment:

W.P.No.8343/2012 10/07/2012 Shri K.C.Ghildiyal, learned counsel for the petitioner.

Shri B.P.Pandey, learned Dy.

Government Advocate for the State.

Petitioner has filed this writ petition challenging the suspension order Annexure-P5 dated 23.5.2012.

It is stated by the petitioner that earlier on the same set of circumstances, petitioner was suspended vide order dated 25.4.2012, which has been stayed by this Court in W.P.No.7032/2012(s) vide order Annexure-P2 dated 14.5.2012 and to circumvent the aforesaid order, by giving the different reason, which is not at all tenable, petitioner is being suspended again.

Records indicated that Respondents were directed to file reply and time was granted to them on 18.6.2012 and again on 6.7.2012, inspite of the same, no reply is forthcoming from the respondents.

Keeping in view the aforesaid, operation of the order Annexure-P5 dated 23.5.2012 shall remain stayed and petitioner permitted to work.

However, it is directed that if respondents so desire, they may post the petitioner in any other Police Station instead of posting him in the same Police Station, from where he has been suspended, however, the posting has to be in the district of Anuppur.

Certified Copy as per rules.

(Rajendra Menon) Judge nd