SANJAY SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed by one Sanjay Sahu S/o Shri Ramesh Sahu who was working as Lower Division Clerk being aggrieved of order dtd. 3/02/1995 passed by the Secretary, Lokayukta office, Bhopal (M.P.) whereby services of the petitioner were discharged while he was on probation on account of non-requirement of his services.

(2.) Petitioner is also aggrieved of the order dtd. 6/11/2006 passed by the Director General of Special Police Establishment, in the office of Lokayukta establishment, Bhopal (M.P.) whereby the Director General after taking note of the orders passed by the coordinate Bench of this High Court in W.P.(s) No. 332/2004 on 23/08/2006 observing that the appeal be decided within four months by a reasoned order, decided the appeal holding that there is no provision for filing of appeal against the orders of Secretary, Lokayukta Establishment to the Director General of Special Police Establishment.

(3.) Petitioner's contention is that these orders are not sustainable in the eyes of law. It is submitted that petitioner was not allowed to complete even two years term on probation, in as much as, his appointment order is dtd. 28/10/1993 and he was discharged from service vide order dtd. 3/02/1995. Shri Divy Krishna Bilaiya has placed reliance on a Division Bench decision of this court in Sunil Kumar Verma Vs. The High Court of Judicature at Jabalpur and another in W.A. No. 413/2006 decided on 2/5/2022 and reading from para 6 onwards, it is submitted that the said judgment will have application to the facts and circumstances of the present case and, therefore, the order of discharge be set aside.