Om Prakash Sahu vs State Of Madhya Pradesh

1 WP-44565-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 4 OF NOVEMBER, 2026
WRIT PETITION No. 44565 of 2026
CNR No.: MPHC030298342026
OM PRAKASH SAHU
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri D.P.Singh - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the respondent/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioner seeking following reliefs:-
"i) That, the respondents be commanded to conclude the
proceedings in pursuance to the letter Annexure -P/1 and the same
be conducted after affording due opportunity of hearing to the
petitioner, in the interest of justice.
ii) That, the respondents be further commanded for conducting any
enquiry in pursuance of letter Annexure P/1 and same shall be
conducted after affording due opportunity of hearing to the
petitioner, in the interest of justice.
iii) That, the respondents be further commanded that the
outstanding/ recover as shown by virtue of impugned audit may
kindly be kept on hold and the same shall be subjected to report of
the enquiry which has to be conducted in view of letter Annexure-
P/1 with a further the said recovery will not come in way for future
prospects for promotion and the same be kept in abeyance, in the
interest of justice.
iv) That, any other relief which is suitable in the facts and
circumstances of the case in favour of the petitioner including the
costs throughout may also be granted."
Learned counsel for the petitioner submits that the petitioner is
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 11/5/2026
12:28:58 PM

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working as an Assistant Society Manager at Primary Agriculture Sakh

Sahakari Samiti, Khadbai, District Gwalior. It is submitted that an audit
report was prepared on the basis of an ex-parte enquiry, whereby a recovery
of approximately Rs.47,19,841.75 has been fastened upon the petitioner.
Being aggrieved by the said report and the allegations made against him, the
petitioner submitted a complaint dated 15.03.2023 before the competent
authority, seeking a free, fair and impartial enquiry and an opportunity of
hearing.
It is further submitted that pursuant to the aforesaid complaint, the
matter was forwarded to the District Registrar, Gwalior, vide communication
dated 14.08.2023. However, despite the lapse of considerable time, the
enquiry proceedings have not been brought to their logical conclusion.
Learned counsel submits that the petitioner has neither been afforded an
effective opportunity of hearing nor has the outcome of the enquiry been
communicated to him. The continued pendency of the proceedings and the
allegations based upon the ex-parte audit report are causing serious prejudice
to the petitioner. Therefore, a direction is sought to the District Registrar to
conclude the enquiry proceedings in accordance with law, after affording due
opportunity of hearing to the petitioner.
Learned Government Advocate appearing for the respondents/State,
on the other hand, submits that the matter pertains to the cooperative
department and the competent authority shall examine the grievance of the
petitioner in accordance with the applicable provisions of law.
Heard learned counsel for the parties and perused the material
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 11/5/2026
12:28:58 PM

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available on record.

From the pleadings and submissions advanced on behalf of the
petitioner, it appears that the grievance of the petitioner is primarily with
regard to the non-conclusion of the enquiry proceedings initiated pursuant to
the communication dated 14.08.2023, despite the allegations having been
referred to the competent authority for examination. The petitioner seeks an
expeditious conclusion of the enquiry after being afforded an opportunity of
hearing.
In view of the nature of the relief sought and without expressing any
opinion on the merits of the allegations levelled against the petitioner or the
correctness of the audit report, this Court deems it appropriate to dispose of
the present petition with a direction to the District Registrar, Cooperative
Societies, Gwalior, to conclude the proceedings of the enquiry concerning
the allegations levelled against the petitioner, in pursuance of the
communication dated 14.08.2023, by conducting the same in accordance
with law and after affording due opportunity of hearing to the petitioner.
The aforesaid exercise shall be undertaken as expeditiously as
possible, preferably within a period of four weeks from the date of receipt of
a certified copy of this order. The competent authority shall thereafter pass
an appropriate order in accordance with law and communicate the outcome
of the proceedings to the petitioner.
It is made clear that this Court has not expressed any opinion on the
merits of the matter.
With the aforesaid directions, the petition stands disposed of.
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 11/5/2026
12:28:58 PM

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(MILIND RAMESH PHADKE)
JUDGE
ojha

Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 11/5/2026
12:28:58 PM