01Facts
The appellant, appointed as a Gram Rojgar Sahayak in 2014, was removed from his duties and paid 50% remuneration after a criminal case was registered against him.
¶ 2–6 · pp. 1–2An enquiry report dated 13 June 2025 recorded that the complainant had proposed him as nominee and signed at the bank.
¶ 2–6 · pp. 1–2Following earlier writ proceedings directing the authorities to consider his case, the Chief Executive Officer terminated his service on 30 July 2026.
¶ 2–6 · pp. 1–2The appellant’s challenge to that order was dismissed by the Writ Court on 14 August 2026, leading to this appeal.
¶ 2–6 · pp. 1–202Issues
i.Whether the appellant could be permitted to pursue the alternative appellate remedy against the termination order despite the dismissal of his writ petition.
¶ 7 · p. 2ii.Whether the Writ Court’s dismissal would prevent the appellant from availing that remedy.
¶ 7 · p. 203Law Applied
Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 provides for an appeal to the Division Bench from a Single Judge’s order.
¶ 1 · p. 1Clauses 3.10 and 6.11 of the guideline dated 24 June 2025 provide a first appeal to the Collector/District Programme Coordinator against an order of the Chief Executive Officer or Additional District Programme Coordinator, ordinarily within 60 days, to be decided within 45 days.
¶ 7–8 · pp. 2–4The judgment states no precedent or further substantive legal doctrine.
Provisions in the judgment · 2 · Linked ones open on LawLens
Bharatiya Nyaya Sanhita, 2023 Section 318Section 351
04Reasoning
The Division Bench did not determine the merits of the termination or the appellant’s entitlement to reinstatement.
¶ 7 · p. 2It noted that an appeal against the impugned order was available under the guideline and considered it appropriate, in the interests of justice, to allow the appellant to pursue that remedy.
¶ 7 · p. 2To ensure the earlier writ dismissal did not obstruct that course, the Court expressly directed that the Writ Court’s order would not come in the appellant’s way.
¶ 7 · p. 205Holding
The appeal was disposed of by permitting the appellant to file an appeal before the Collector.
¶ 7–8 · p. 2, 5If filed, the Writ Court’s order dated 14 August 2026 would not bar its consideration.
¶ 7–8 · p. 2, 5Original Court PDF
Subodh Kumar PandeyvsThe State Of Madhya Pradesh
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