SUSHILA DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This review petition has been filed seeking review/recall of the order dtd. 16/1/2026 passed in W.P. No.9713/2016.

(2.) Counsel for the review petitioner contends that this Court, while quashing the impugned orders dtd. 22/1/2015 (Annexure P/1) and 19/3/2012 (Annexure P/2) so far as it relates to the petitioner, directed the official respondent therein to communicate the Confidential Reports of the relevant years to the petitioner, and the petitioner has been extended liberty to file the representation against the ACRs. It is contended by the counsel that the matter is being litigated by the wife of the deceased employee, therefore, it has escaped the attention of this Court that the wife of the deceased employee was not in a position to submit any representation and thus, submits that the order passed by this Court dtd. 16/1/2026 in W.P.No.9713/2016 deserves to be recalled in the light of the order passed by this Court in W.P.No.19953/2016 (Smt. Sushma Pyasi vs. State of M.P. and Others) dtd. 2/5/2017. It is further contended by the counsel that in an identical case, the directions were issued to the respondent therein to ignore the adverse ACR for the relevant year, and the respondents were directed to convene a review DPC. Thus, counsel submits that as the litigation was at the behest of the wife of the deceased employee, after his death, no further directions could have been issued.

(3.) Per contra, learned counsel for the respondent/State has opposed the said prayer.