Madhya Pradesh Court November 2012 Judgments
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Swati Dwivedi Vs. Directorate Health Services
Court: Madhya Pradesh
Decided on: Nov-09-2012
W.P.No.18691/2012 (Swati Dwivedi versus Directorate Health Services and otheRs.09.11.2012 Heard Shri Alok Kumar, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by endorsement made in the certificate issued by the respondent No.4 to the effect that the provisional certificate issued to the petitioner envisages diploma in general nursing-Midwifery would be valid to the State of M.P.The learned counsel for the petitioner submits that the petitioner has passed the requisite examination, therefore the the endorsement be removed. It is however, observed that the petitioner without approaching the respondent No.4 by filing a representation or obtaining clarification in that regard has directly approached this court by filing the present petition which is not permissible in law. In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the ...
Champalal Bilare Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-09-2012
W.P.No.19272/2012 (s) 9/11/12 Shri Puneet Shroti, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.on advance notice for the respondents/State. Challenging the order dated 13/07/12 transferring the petitioner an Assistant Teacher from one Primary School to another in the same district and the order dated 26/10/12 Annexure P-1 by which the representation of the petitioner is rejected, petitioner is before this Court and challenging the transfer, petitioner has approached this Court in W.P.No.11819/12 (s) and on 9/08/12 vide Annexure P-7, this Court found that the transfer of the petitioner is challenged on the grounds of breach of transfer policy and in view of certain judgments rendered by the Supreme Court, interference was not made by this Court. That being so, the impugned order has neither been passed in violation of any statutory provisions not the same suffers from the vices of malafides. It is therefore clear from the aforesaid order that on the grounds ...
Chandrabhan Singh Choudhary Vs. Kamal Nath
Court: Madhya Pradesh
Decided on: Nov-08-2012
HIGH COURT OF MADHYA PRADESH, JABALPUR Election Petition No.51/2009 Chandrabhan Singh Choudhary S/o Chou. Kuber Singh Choudhary, Aged about 48 years, R/o Ward No.31, Station Road, Chhindwara, P.S.Tahsil & District Chhindwara (M.P.) .Petitioner Versus Kamal Nath, S/o Mahendra Nath, Aged about 60 years, R/o Shikarpur, At-Post Shikarpur, P.S. Tahsil &District Chhindwara (M.P.) ....Respondent Present : Hon. Shri Justice Krishn Kumar Lahoti Shri P.C.Paliwal, counsel for the petitioner. Shri Vivek Tankha, learned Senior Advocate with Sarvashri P.D.Gupta, Sumeer Sodhi, Ravindra Gupta and H.K.Upadhyaya, counsel for respondent. ORDER ( 8.11.2012) Respondent has been elected as Member of Parliament from Constituency no.16 Chhindwara on 16.5.2009 by a margin of 1,21,320 votes. His election has been questioned in this petition mainly on the ground that he had made expenditure beyond the permissible limit by using helicopter in the election campaign and the expenditure shown by him were not correct...
Ashok Kumar Rai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-2012
W.P.No.9868/12 8/11/12 Shri Ajay Pratap Singh, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the State. Petitioner is working as a 'Patwari' and on the basis of allegations levelled, a charge-sheet has been issued to the petitioner on 1/12/07. A departmental enquiry in furtherance of the charge-sheet is still pending and contending that petitioner is not guilty of the allegations levelled in the charge-sheet and by raising various grounds, petitioner wants this Court to examine the allegations on merit, exonerate the petitioner and quash the charge- sheet. In a petition under Article 226 of the Constitution, this function cannot be discharged by this Court. The said function is to be discharged by the disciplinary authority or the enquiry officer and, therefore, granting liberty to the petitioner to raise all the objections before the disciplinary authority or the enquiry officer who are in a more better position to consider and decide the grievance of t...
Smt. Jyoti Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-2012
W.P.No.18681/2012 (Smt. Jyoti Padwar versus State of M.P.& ors.) 08.11.2012 Heard Shri V.P.Singh, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition alleging inaction on the part of the police authorities on the compliant filed by the petitioner. In the circumstances, the petition filed by the petitioner is disposed of with a direction to the respondent No.3, Superintendent of Police, Bhopal to look into the complaint of the petitioner and deal with it in accordance with law. To enable the authority to do so, a copy of the order passed today alongwith a copy of the petition be served upon him by the petitioner. It is made clear that this court has not issued any direction to the police authorities to blindly prosecute the respondent/the alleged accused but has only issued a direction to the police authorities to look into the complaint of the petitioner and deal with it in accordance with law. With the aforesaid di...
Siya Sharan Pandey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-2012
1....W.A.No.1127 of 2012 Siya Saran Pandey State of M.P.and ORS.08.11.2012 Shri Sudhanshu Kumar Singh, Counsel for the appellant. Shri Vijay Pandey, Dy. A.G.for the respondents. This appeal is directed against an order dated 14.9.2012 passed in W.P.No.15289/12 by which a petition preferred by the petitioner against his transfer order was dismissed. However, liberty was granted to the appellant to avail statutory remedies available to the appellant. Learned counsel for the appellant submitted that before issuance of the transfer order just one month back, the appellant was promoted and was posted at Alhara, block Beohari district Shahdol as Head Master in Middle School. From there he moved an application for mutual transfer with Chandrabhan Singh, respondent No.5. The application was considered by respondent No.3 but the respondent No.5 Chandrabhan was transferred in place of the appellant but at Govt. Higher Secondary School, Nipania respondent No.6 Dinesh Prasad Shukla has been posted...
Manjhi Machua Sahkari Samiti Maryadit Bhainwahi Vijayraghavgarh Katni ...
Court: Madhya Pradesh
Decided on: Nov-08-2012
1 W.A.No.1152/2012 Manjhi Machua Sahakari Samiti State of M.P.and others Maryadit Bhainswahi 8.11.2012 Shri Vivek Rusia, Counsel for appellant. Shri Samdarshi Tiwari, GA for respondents/State. Shri M.K.Mishra, Counsel for respondent No.6. This appeal is directed against an order dated 13.8.2012 passed by the Single Bench in W.P.No.13653/2011, by which the learned Single Judge has refused to interfere in the order passed by the Collector, Katni and has directed the appellant herein to avail remedy against such an order before the Commissioner (Revenue).Jabalpur. This order has been assailed by the appellant on the ground that the Collector had passed an order in appeal, so there was no question of filing an appeal and no such remedy is available to the appellant. From the perusal of the file, we find that the Collector, Katni passed an order under Section 65(1) of the M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 which was an original order by the Collector, and if an order is pass...
Miss Poornima Sharma Vs. Vice Chancellor,
Court: Madhya Pradesh
Decided on: Nov-08-2012
1 W.P.No.7824/2011 Ms.Poornima Sharma vs.R.D.V.V Jaabalpur & ORS.08.11.2012 Petitioner Ms.Poornima Sharma present in person. Shri Manas Verma learned counsel for the respondent University. Shri Harjas Singh Chhabra learned counsel for respondent no.4. Smt. Amrit Ruprah learned counsel for respondent no.7. It is informed by the learned counsel for the respondent University that the petitioner has been awarded Ph.D on 11.10.2012 and a notification to that effect has also been issued on 9.10.2012, a copy of which has been submitted by the learned counsel for the respondent University today in Court. The aforesaid fact is not disputed by the petitioner who is present in person. In view of the aforesaid facts and circumstances, as the main relief sought for by the petitioner in the present petition has been granted by the respondent University, the petition filed by the petitioner is disposed of with liberty to the petitioner to take up other issues, raised by the petitioner in the petition...
Mukesh Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-2012
1 W.P.No.18848/2012 Ku. Swatantra Tripathi versus State of M.P.& ORS.07.11.2012 Petitioner Ku. Swatantra Tripathi appeared in person. The petitioner has alleged inaction and irregular enquiry conducted by the police authorities on the complaint filed by her. The appropriate remedy of the petitioner, in such cases, is to approach the authorities under the Code of Criminal Procedure or to take up proceedings by filing a complaint case against the authorities in accordance with law as has been held by the Supreme Court in the cases of Sakiri Vasu versus State of Uttar Pradesh and otheRs.(2008) 2 SCC 40.and Divine Retreat Centre versus State of Kerala and otheRs.(2008) 3 SCC 542. In view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to take up proceedings as provided under the CrPC in accordance with the aforesaid decision of the Supreme Court. C.C as per rules. ( R.S.JHA ) JUDGE mms/-...
Smt. Pratibha Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-08-2012
1 W.P No.15491/2012 HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION NO.15491/2012 PETITIONERS : SMT. PRATIBHA TIWARI AND OTHERS. Vs. RESPONDENT : STATE OF M.P. -------------------------------------------------------------------------------------- For the petitioners : Shri P. S. Pandey, Advocate. For the respondent/State: Shri B. P. Pandey, Dy. Govt. Advocate. Present : Hon'ble Shri Justice R.S. Jha. ORDER (08/11/2012) The petitioner has filed this petition being aggrieved by order dated 15.9.2008 passed by the Judicial Magistrate First Class, Sirmour, District Rewa, rejecting the application filed by the parties under sections 320(1) and 320(2) of the CrPC, for compromise.2. It is submitted by the learned counsel for the petitioners that the petitioner no.2 had filed a complaint before the police under sections 498-A and 327 of the IPC against the petitioner no.1 and his family members who have been impleaded as respondent nos.3, 4 & 5. It is submitted that subsequent to the fi...
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