SURESH KUMAR JHARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner's contention is that petitioner was placed under suspension by District Education Officer, Damoh vide order dtd. 30/05/2020 as contained in Annexure-P/1 on account of registration of a criminal case.

(2.) Petitioner had approached this Court by filing W.P. No.20808/2020 which was decided vide order dtd. 21/9/2022 directing the authorities to review the suspension order in terms of the judgment of Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary and others, (2015) 7 SCC 291. It is submitted that vide order dtd. 10/10/2022 District Education Officer, Damoh maintained the order of suspension dtd. 30/05/2020. It is further submitted that thereafter on 18/10/2022 (Annexure-P/3) final report is submitted by the Police and I.O. has mentioned that because of legal impediment, no criminal liability is made out against the petitioner-Suresh Kumar Jhariya. In terms of this final report, it is prayed that District Education Officer may be directed to review the suspension order.

(3.) Shri Manas Mani Verma, learned Govt. Advocate, in his turn, submits that filing of final report is different from acceptance of the final report by the concerned Court.