Shankar Sahay Khare vs State of MP and Others

R.S. Jha, J.—Heard on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the order dated 15-7-2013 by which the charge of the post of Block Education Officer, Tikamgarh has been taken away from the petitioner and has been given to the respondent No. 5.

It is submitted by the learned counsel for the petitioner that the respondent No. 5 is much junior to the petitioner and therefore in accordance with the instructions of the Director, Public Education, Bhopal dated 22-5-2012 he could not have been given the charge of the Block Education Officer as the petitioner is senior to the respondent No. 5. It is further stated that the respondent No. 5 has already been given additional charge of Block Resource Centre Coordinator, Tikamgarh and now a third charge has been conferred upon him which is contrary to law. In these circumstances, the petitioner assails the impugned order.

Having heard the learned counsel for the petitioner and after a perusal of the record, it is observed that the petitioner has already approached the District Education, Officer, Tikamgarh by filing a representation (Annexure P-9) on 16-7-2013.

In the circumstances, looking to the fact that the Commissioner, Public Instructions, Bhopal is required to look into the matter, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today alongwith a copy of the petition to the concerned authority within 15 days of obtaining the same alongwith a fresh representation before the Commissioner, Public Instructions, Bhopal, he shall consider the aforesaid representation of the petitioner in accordance with law, expeditiously, preferably within a period of three months thereafter.

However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order in accordance with law.

With the aforesaid observations/directions, the petition filed by the petitioner stands disposed of. C.C. as per rules.