MADAN MOHAN BHARGAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by petitioner being aggrieved by order dtd. 4/7/2023; whereby, the representation submitted by the petitioner for reinstatement of his services after his acquittal in a criminal case registered under Sec. 498-A of the Indian Penal Code by this Court vide judgment dtd. 29/3/2023 passed in Criminal Appeal No.197 of 2004, has been rejected. Further, the petitioner being aggrieved by order dtd. 23/3/2020; whereby, without giving any notice and without giving any opportunity of hearing to the petitioner, his services were terminated only on the ground that he was convicted in a criminal offence by the Competent Court of criminal jurisdiction vide judgment dtd. 18/3/2004.

(2.) Learned counsel for the petitioner has vehemently argued that the order dtd. 4/7/2023 (Annexure P/2) by which the representation of the petitioner has been rejected is per se illegal as no reasoning has been assigned in rejecting the same even after acquittal of the petitioner from the criminal case by this Court vide judgment dtd. 29/3/2023.

(3.) It was further argued that conviction of the petitioner was under Sec. 498-A of IPC and in that context, he was suspended on 17/3/2003 and abruptly on 23/3/2020, the services of the petitioner on this count were terminated.