High CourtsSingle Bench

Kuldeep Kumar Malik vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 September 2018 · Citation: (2018) 09 MP CK 0020

HON’BLE JUDGES
Vandana Kasrekar, J
RESULT
Disposed Off
CASE NUMBER
Writ Pittion No. 20643 Of 2018
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Judgment

6 paragraphs · 378 words

Heard.

The petitioner was initially appointed on the post of Project Facilitation Team (Coordinator) vide order dated 24.5.2008. The post of petitioner was changed to Sankul Samanvay. The period of contractual appointment of petitioner was extended from time to time. The last period of extension of contractual appointment of the petitioner was 31.3.2017 and by the order dated 22.6.2017, the petitioner was transferred to Sehore from District Dhar. After completion of one year, the respondents Authorities vide order dated 13.4.2018 (Annx.P/1) has informed the petitioner that his contractual contractual appointment has not been extended. By order dated 16.4.2018 (Annx.P/2), they have assigned the reason that due to the irregularities committed by the petitioner during the period for which he was posted at Dhar, the contract of the petitioner could not be extended.

Learned counsel for the petitioner submits that when the petitioner was posted at Dhar, he was issued a certificate regarding performance of his work and there is no irregularity as such committed by him at District Dhar. He further submits that at Sehore, he was posted only for a period of one year, therefore, before passing the order, no enquiry or any show cause notice was issued to the petitioner. Therefore, the impugned order is bad in law. He further submits that being aggrieved by the said order, the petitioner has preferred the appeal to the respondent No.2, as per Clause-21 of the appointment order, which is still pending for consideration. He, therefore, prays that the respondent No.2 may be directed to decide his appeal dated 9.5.2018 (Annx.P/13), in accordance with law, within a stipulated period of time.

In view of the aforesaid submission made by learned counsel for the petitioner, the petition filed by the petitioner is disposed of, with a direction to the respondent No.2 to consider and decide the appeal preferred by the petitioner on 9.5.2018, within a period of 60 days, from the date of receipt of certified copy of the order passed today, by a speaking order, in accordance with law. While deciding the said appeal of the petitioner, the appellate Authority shall take into consideration all the grounds which are taken by the petitioner in the appeal memo.

Accordingly, the writ petition stands disposed of.

Certified copy as per rules.