1 WP-18199-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 9 th OF JULY, 2024
WRIT PETITION No. 18199 of 2024
(GYANENDRA KUMAR DUBEY
Vs
THE STATE OF MADHYA PRADESH AND OTHERS)

Appearance:
(SHRI RAHUL DIWAKER WITH SHRI AMAN GUPTA - ADVOCATES FOR
THE PETITIONER)
(SHRI PUNEET SHROTI - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS-STATE)
ORDER
Learned counsel for the petitioner by the instant petition is claiming that
the petitioner was dismissed from service because of conviction made under
Section 409 of IPC and sentence awarded for a period of 10 years. Against the
said dismissal, an appeal was preferred before this Court wherein application
for suspension of sentence was allowed and remaining jail sentence of the
petitioner was suspended, therefore, petitioner's dismissal is illegal because it is
done without conducting any departmental enquiry.
I am not convinced by the submission made by learned counsel for the

petitioner because the petitioner is holding the post of Sahayak Adhyapak and
his services are governed by the Madhya Pradesh Civil Services (Classification,
Control and Appeal) Rules, 1966 wherein it is very categorically provided under
Sub rule (1) of Rule 19 as exception to the General Rules that "where any
penalty is imposed on a Government servant on the ground of conduct which
has led to his conviction on a criminal charge". It is a case in which petitioner
has been convicted for a period of 10 years and as such, no enquiry as
provided under Rule 14 is required before inflicting any major penalty upon
Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 7/9/2024
3:26:33 PM
 2 WP-18199-2024

him. However, it is made clear that if acquittal is made in favour of petitioner in

pending appeal, he can claim his right to be reinstated before the employer and
employer will take appropriate decision thereof considering the same but at this
stage, interference is not permissible.
Petition is accordingly dismissed.

(SANJAY DWIVEDI)
JUDGE
PK

Signature Not Verified

Signed by: PARITOSH
KUMAR
Signing time: 7/9/2024
3:26:33 PM