ANIL KUMAR KHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner's contention is that the Incharge District Education Officer, Tikamgarh has passed the impugned order of his suspension dtd. 3/1/2023 but in the light of the Full Bench Decision of this Hon'ble High Court in Girja Shankar Shukla verus Sub Divisional Officer, Harda 1973 J.L.J 405, an Incharge District Education Officer is not entitled to pass an order of suspension, therefore, the impugned order dtd. 3/1/2023 be set aside. Parity is sought from the orders, which have been annexed by the petitioner as Annexure P/6 onwards.

(2.) Learned Government Advocate for the State in his turn submits that vide Gazette Notification dtd. 20/12/2022, it is provided as under:-

(3.) Learned Government Advocate for the State submits that in view of the said amendment, a Coordinate Bench of this Court has also disposed of Writ Petition No.551/2023 (Shiv Shankar Tiwari versus State of Madhya Pradesh and Others) vide order dtd. 16/1/2023 giving liberty to the petitioner to file appeal against the said order. He also submits that the order of appointment of respondent No.3 nowhere reflects that he was given posting as District Education Officer on the basis of his seniority or pursuant to the Notification.