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CDJ 2026 MPHC 115 print Preview print Next print
Court : High Court of Madhya Pradesh
Case No : Writ Petition No. 30926 Of 2025
Judges: THE HONOURABLE MR. JUSTICE MANINDER S. BHATTI
Parties : Yagya Narayan Tiwari Versus The State Of MP & Others
Appearing Advocates : For the Petitioner: Lal Ji Kushwaha, Advocate. For the Respondents: Veer Vikrant Singh, Dy. A.G., Amar Prakash Gupta, Advocate.
Date of Judgment : 27-04-2026
Head Note :-
Comparative Citation:
2026 MPHC-JBP 32904,
Summary :-
1. Statutes / Acts / Rules / Orders Mentioned:
- Rule 7 of the Rules of 1999

2. Catch Words:
Not mentioned.

3. Summary:
The petitioner challenged the Collector’s order dated 28‑07‑2025 which affirmed an earlier revision order of 16‑07‑2021, itself based on a termination order of 02‑01‑2019. The Court had earlier quashed the termination order and the 28‑09‑2021 revision order in W.P. No. 23984 of 2021, directing a fresh enquiry by the Disciplinary Authority (Chief Executive Officer, Jila Panchayat, Sidhi) following Rule 7 of the Rules of 1999. The Collector, however, incorrectly affirmed the 16‑07‑2021 order despite no direction to him. The Court held that the Collector’s order was ultra vires and must be set aside. The matter was remitted to the proper authority to conduct a full enquiry and pass a fresh order within 90 days. The impugned order of 28‑07‑2025 is quashed.

4. Conclusion:
Petition Allowed
Judgment :-

1. The present petition has been filed by the petitioner assailing the order dated 28.7.2025 (Annexure P-28) passed by the Collector, Sidhi affirming the order dated 16.7.2021, which was passed by him in a revision, which was preferred by the petitioner against the order dated 2.1.2019 by which the services of the petitioner were terminated.

2. The counsel for the petitioner contends that vide order dated 16.7.2021, the Collector had refused to interfere with the order of termination of the petitioner dated 2.1.2019. The order of termination of the petitioner itself was set aside by this Court in W.P. No.23984 of 2021 vide order dated 9.7.2024 (Annexure P-18), therefore, the said order could not have been affirmed by the Collector by passing the impugned order.

3. The counsel for the State submits that pursuant to the order dated 9.7.2024 passed by this Court in W.P. No. 23984 of 2021, an order has been passed by the Collector, Sidhi. Adequate opportunity of hearing was afforded to the petitioner and after considering the petitioner's defense, the impugned order has been passed. By the said order, previous order dated 16.7.2021 has been maintained. Therefore, no interference with the impugned order is required.

4. Heard submissions and perused the record.

5. On perusal of record, it reflects that vide impugned order dated 28.7.2025 (Annexure P-28), Collector, Sidhi affirmed the order dated 16.7.2021, which was passed by him in a revision which was preferred by the petitioner against the order dated 2.1.2019 by which the services of the petitioner were terminated. After passing of the order dated 16.7.2021 by Collector, Sidhi, second revision was preferred by the petitioner before Minister of State. The said revision was also dismissed vide order dated 28.9.2021 (Annexure P-17). Thereafter, the petitioner had filed a petition before this Court vide W.P. No. 23984 of 2021 assailing order of termination dated 2.1.2019 and also order dated 28.9.2021 passed by the Minister of State. Both the orders were quashed by this Court vide order dated 9.7.2024 (Annexure P-18) and the matter was remitted back to Disciplinary Authority to conduct a full-fledged enquiry and pass an order afresh. The Collector pursuant to the order dated 9.7.2024 passed by this Court has passed a fresh order dated 28.7.2025 (Annexure P-28) affirming the original order dated 16.7.2021. The relevant part of the order dated 9.7.2024 passed by this Court in W.P. No. 23984 of 2021 is reproduced as under:-

          "19. The record indicates that there is no interim relief granted to the petitioner at any point of time. As the preliminary enquiry conducted by three Member Committee shows that the work has not been carried out and the second report shows that the work was carried out, coupled with the fact that the procedure as contemplated under Rule 7 of the Rules of 1999 has not been followed by the authorities, this Court deems it appropriate to allow this petition.

          20. Accordingly, this writ petition is allowed. The impugned order passed by the authorities dated 28.09.2021 dismissing the appeal and the order of termination dated 02.01.2019 are hereby quashed. The matter is remanded back to the Disciplinary Authority at the stage of issuance of charge sheet to the petitioner and filing of the reply to the charge sheet. The authorities shall adopt the procedure as contemplated under Rule 7 of Rules of 1999 and conduct a full fledged enquiry into the matter and thereafter pass a fresh order in the matter. The entire exercise be completed within a period of 90 days from the date of receipt of certified copy of this order.

          21. As far as reinstatement of the petitioner is concerned, as there was no interim relief granted to the petitioner since 2021 and the petitioner is already out of job, this Court does not deem it appropriate to direct for reinstatement of the petitioner on the post in question. The disciplinary authority while passing a final order will also consider the aspect of reinstatement of the petitioner and pass appropriate orders on the same."

6. A perusal of aforesaid reflects that the original order of termination dated 2.1.2019 as well as the order passed by the State in revision dated 28.9.2021 were quashed by this Court. Though, there is no mention of quashing of order dated 16.7.2021 passed by the Collector but the fact remains that the said order was arising out of the order dated 2.1.2019 of termination of the petitioner. Since the order of termination itself was set aside by this Court, the order dated 16.7.2021 passed by the Collector, Sidhi in Revision had already lost its efficacy and was no more in existence. It further reflects from perusal of record that the original order of termination of the petitioner dated 2.1.2019 (Annexure P-8) was passed by the Chief Executive Officer, Jila Panchayat, Sidhi and once this Court issued direction to the Disciplinary Authority to pass an order afresh, the order in the case was required to be passed by the Chief Executive Officer, Jila Panchayat, Sidhi. The impugned order dated 28.7.2025 (Annexure P-28) has been passed by the Collector, Sidhi. The Collector had entertained the revision which was filed before him against the original order of termination dated 2.1.2019, therefore, as per the directions issued by this Court, the Disciplinary Authority being Chief Executive Officer, Jila Panchayat, Sidhi, the order was required to be passed by the said Authority. It appears that the Collector, Sidhi proceeded under misconception that the Collector was required to pass an order afresh. As there was no direction by this Court to the Collector, Sidhi to pass an order, the order ought to have been passed by the Chief Executive Officer, Jila Panchayat, Sidhi.

7. Resultantly, the petition is allowed. Impugned order dated 28.7.2025 (Annexure P-28) stands quashed. The matter is remitted back to the Disciplinary Authority i.e. Chief Executive Officer, Jila Panchayat, Sidhi with a direction to comply with the order dated order dated 9.7.2024 (Annexure P-18) passed by this Court in W.P. No. 23984 of 2021.

8. Let the exercise as directed by this Court in W.P. No. 23984 of 2021 be completed within a period of 90 days from the date of production of certified copy of this order.

 
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