LAWS(MPH)-2023-9-94

DINESH SINGH SIKARWAR Vs. STATE OF MADHYA PRADESH

Decided On September 20, 2023
Dinesh Singh Sikarwar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) . The present petition under Article 226 of the Constitution has been preferred by the petitioner taking exception to the order dtd. 6/9/2023 passed by the District Education Officer, Morena, whereby petitioner who is working as Primary Teacher at Government Middle School Bagchini, District Morena is placed under suspension on pretext of registration of FIR for alleged offence under Ss. 294, 506 and 34 of IPC.

(2.) . It is the submission of the learned trial Court that said offence does not involve moral turpitude, therefore, it is not a case where petitioner should have been placed under suspension and learned counsel tried to carve out exception under Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.

(3.) . Learned Government Advocate for the State opposed the prayer on the ground of alternative remedy as provided Rule 23 of Rules 1966.