Bhaiji Prasad Keer Vs. M.P. Krishi Vipanan Board Bhopal - Court Judgment

SooperKanoon Citationsooperkanoon.com/1052999
CourtMadhya Pradesh High Court
Decided OnAug-14-2013
AppellantBhaiji Prasad Keer
RespondentM.P. Krishi Vipanan Board Bhopal
Excerpt:
w.p.no.13393/2013 bhaiji prasad keer vs.  m.p. krishi vipnan board & ors.1 14.08.2013 heard shri t.s.ruprah, learned senior counsel with shri harpreet ruprah for the petitioner, on the question of admission and interim relief. the petitioner has filed this petition being aggrieved by communication dated 19.7.2013, annexure p-3, by which the respondent no.3 has directed respondent no.4 to cancel the promotion of the petitioner on the post of inspector in the krishi upaj mandi on account of the fact that after 8.1.2003 reservation for keer, meena and pardhi in direct recruitment has been prohibited. the learned senior counsel appearing for the petitioner submits that the impugned order has been passed without giving any opportunity of hearing to the petitioner or giving him an opportunity to defend his case and, therefore, it be quashed. having heard the learned senior counsel for the petitioner, it is observed that the impugned order dated 19.7.2013, annexure p-3, is not an order of cancellation of promotion but is a communication made by the respondent no.3 to respondent no.4 for taking action in that regard and, therefore, no advers.order against the w.p.no.13393/2013 bhaiji prasad keer vs.  m.p. krishi vipnan board & ors.2 petitioner has been passed till date warranting any interference at this stage. the petitioner is at liberty to approach the higher authorities against the impugned communication, annexure p-3, for mitigation of his grievance. in the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner approaches the higher authorities by filing a representation within fifteen days from today alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall consider and decide the same expeditiously in accordance with law preferably within a period of three months thereafter. it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order. with the aforesaid direction, the petition, filed by the petitioners.stands disposed of. c.c as per rules. ( r.s.jha ) judge w.p.no.13393/2013 bhaiji prasad keer vs.  m.p. krishi vipnan board & ors.3 mms/-
Judgment:

W.P.No.13393/2013 Bhaiji Prasad Keer vs.  M.P. Krishi Vipnan Board & ORS.1 14.08.2013 Heard Shri T.S.Ruprah, learned Senior Counsel with Shri Harpreet Ruprah for the petitioner, on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by communication dated 19.7.2013, Annexure P-3, by which the respondent no.3 has directed respondent no.4 to cancel the promotion of the petitioner on the post of Inspector in the Krishi Upaj Mandi on account of the fact that after 8.1.2003 reservation for Keer, Meena and Pardhi in direct recruitment has been prohibited.

The learned Senior Counsel appearing for the petitioner submits that the impugned order has been passed without giving any opportunity of hearing to the petitioner or giving him an opportunity to defend his case and, therefore, it be quashed.

Having heard the learned Senior Counsel for the petitioner, it is observed that the impugned order dated 19.7.2013, Annexure P-3, is not an order of cancellation of promotion but is a communication made by the respondent no.3 to respondent no.4 for taking action in that regard and, therefore, no adveRs.order against the W.P.No.13393/2013 Bhaiji Prasad Keer vs.  M.P. Krishi Vipnan Board & ORS.2 petitioner has been passed till date warranting any interference at this stage.

The petitioner is at liberty to approach the higher authorities against the impugned communication, Annexure P-3, for mitigation of his grievance.

In the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner approaches the higher authorities by filing a representation within fifteen days from today alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall consider and decide the same expeditiously in accordance with law preferably within a period of three months thereafter.

It is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.

With the aforesaid direction, the petition, filed by the petitioneRs.stands disposed of.

C.C as per rules.

( R.S.JHA ) JUDGE W.P.No.13393/2013 Bhaiji Prasad Keer vs.  M.P. Krishi Vipnan Board & ORS.3 mms/-