NEERJA SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) This order will govern the disposal of WA No.593/2020 and WA No.580/2020 as both these Writ Appeals have been filed against the order of learned Single Judge dated 3/6/2020 passed in WP No.7476/2020.

(2.) The respondent No.4 (in WA No.593/2020) namely Jagdish Rathi was working as Assistant Commissioner, Excise, District Ratlam. He was placed under suspension by order dated 6/5/2020 and aggrieved with the same he had filed WP No.7476/2020. Meanwhile the appellant in WA No.593/2020 by order dated 13/5/2020 was transferred to the post which had become vacant on account of the suspension of the writ petitioner. Learned Single Judge by the order dated 26/5/2020 had stayed the operation of the order of suspension. The State government had filed the reply dated 30th May, 2020. The appellant in WA 593/2020 had filed the intervention application along with the application for vacating of stay. Learned Single Judge by order under challenge has allowed the writ petition and set aside the suspension order passed against the Respondent No. 4 holding it to be a stigmatic order and also observing that the order does not mention that any departmental enquiry is contemplated against him and also making certain observations on the merits of the charge in favour of the Respondent No. 4.

(3.) Learned counsel for appellant in WA No.590/2020 has submitted that the appellant has been transferred on the post which fell vacant due to the suspension of the Respondent No.4, therefore, the learned Single Judge is not justified in directing transfer of the appellant to some other place. He further submits that the appellant was not even impleaded in the writ petition, therefore, intervention application was required to be filed. He submits that the appellant is presently working on the post in question.