HARIVILASH GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant intra-court appeal has been filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth to Appeal) Adhiniyam, 2005, being aggrieved by the order passed by the learned Single Judge in W.P. No.16259 of 2019 (Harivilash Gupta vs. The State of M.P. and others], dated 28-7- 2021, whereby the writ petition preferred by the writ- petitioner/appellant has been dismissed.

(2.) The writ-petitioner/appellant [hereinafter referred to as "the appellant] challenged the legality, validity and propriety of the order dtd. 16/8/2021, whereby services of the appellant have been repatriated to his parent department, i.e. School Education Department, on the post of Assistant Teacher. The order was challenged mainly on the ground that the appellant was sent on deputation by order dtd. 30/12/2019, and normal period of deputation is two years and that period is still not over. Therefore, by the impugned order he could not be repatriated, that too when the order of repatriation is stigmatic.

(3.) The learned counsel for the appellant assiduously urged that without conducting any enquiry and affording an opportunity of hearing to the appellant, his services have been directed to be repatriated by the respondents and hence, the impugned order is liable to be set aside.