'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error
2 years, 9 months ago

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case. The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence of his superior authorities, without using his own discretion and therefore, the case also suffered from jurisdictional error. Rejecting the plea of alternate remedy made by the State, Justice Anand Pathak held- …considering all these facts and circumstances of the case and taking cue from the judgments referred above, it is apparently clear that in the present case, not only fundamental rights of petitioner to pursue occupation is violated but the impugned order violates principles of natural justice also. Examining the submissions of parties and documents on record, the Court noted that undue haste was shown by authorities in the case of the Petitioner as no opportunity of hearing was granted to her- When such prompt action is being taken for removal of petitioner then it violates not only principles of natural justice but also the guidelines issued in this regard vide order dated 10.7.2007 issued by Women and Child Development Department, Government of Madhya Pradesh in which provision of opportunity of hearing is provided before removal of post. The Court concurred with the apprehension of the Petitioner that approaching the appellate authorities would have been a futile exercise for her as the Collector was subordinate to the Commissioner and that the second appellate authority was the Commissioner himself- So far as plea of alternative remedy is concerned, where from the facts, it is revealed that appeal would be an empty formality than bar of alternative remedy does not haunt the petitioner.

Appeal Court Natural Justice Order Case State Hearing Commissioner Madhya Pradesh Collector Petitioner Remedy Jurisdictional Error Project Officer Chambal Division  petitioner  court  collector  state  order  hearing  worker  usurped  remedy  jurisdictional  officer  appeal  case  reinstatement  project  vested  superiority  mp  commissioner  orders

History of this topic

Supreme Court Annual Digest 2024: Service Law
1 month, 3 weeks ago

Supreme Court Annual Digest 2024: Service Law

Live Law  

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024 Administration Constitution of India - Article 16, 16 and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16. Indian Council of Agricultural Research v. Rajinder Singh, 2024 LiveLaw 611 : AIR 2024 …

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133
2 months, 3 weeks ago

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 133 The appellant in this case held lease hold rights on behalf of Indian Oil Company qua a retail outlet at Satna. Wife's Refusal To Consummate Marriage Amounts To Mental Cruelty, Ground For Divorce: MP High Court Title: Sudeepto Saha v. Moumita Saha Citation: 2024 LiveLaw 6 The Madhya Pradesh High Court has …

AP HC serves notices on two officials on demolition of YSRC party office
8 months, 2 weeks ago

AP HC serves notices on two officials on demolition of YSRC party office

Deccan Chronicle  

The Andhra Pradesh High Court has served notices to CRDA commissioner Katamaneni Bhaskar and Mangalagiri-Tadepalli municipal commissioner Nirmal Kumar in a case of contempt of court vis-a-vis the demolition of the YSR Congress party’s central office.A single judge bench of Justice Cheemalapati Ravi held a hearing here Thursday on a petition filed by YSRC leader from Guntur, Seshagiri Rao, seeking …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
10 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
1 year, 1 month ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court
1 year, 1 month ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law  

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 5 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 6 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Alternative Remedy Is Not Absolute Bar To Examine Conditions To Issue Reassessment Notice: Madhya Pradesh High Court
2 years ago

Alternative Remedy Is Not Absolute Bar To Examine Conditions To Issue Reassessment Notice: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court stayed the reassessment proceedings and admitted them for the final hearing.The division bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta has relied on the decision of the Supreme Court in the case of Red Chilli International Sales Vs. Income Tax Officer & Anr., in which it was held that writ petitions have been …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
2 years, 2 months ago

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
2 years, 2 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]
2 years, 7 months ago

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]

Live Law  

Allahabad High Court NOMINAL INDEX Srinivas And Ors. Allahabad High Court Case Title : VAISHALI VARSHIKAR v VIJAY MOURYA and anr Citation: 2022 LiveLaw 177 The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any …

Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court
2 years, 8 months ago

Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.In this case, the appointment of the petitioner as Lambardar by the Collector was set aside by the Financial Commissioner, stating that the Collector had not considered. …

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply
2 years, 8 months ago

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply

Live Law  

The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The department submitted that indisputably the petitioner's reply escaped notice of the respondents while passing an order under Section …

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC
2 years, 9 months ago

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC. Significantly, to address the contentions of the Applicant …

Madhya Pradesh High Court Weekly Round-Up: May 16 To May 22, 2022
2 years, 10 months ago

Madhya Pradesh High Court Weekly Round-Up: May 16 To May 22, 2022

Live Law  

NOMINAL INDEX State Of Madhya Pradesh V Satya Narayan Dubey 2022 LiveLaw 147 Vijay Mahobia vs The State Of Madhya Pradesh 2022 LiveLaw 148 Dharmadas Tirthdas Construction Pvt. Ltd Versus UOI 2022 LiveLaw 152 ORDERS/JUDGMENTS OF THE WEEK 'Public Interest Also An Element On Consideration Of Which Employee Can Be Placed Under Suspension': Madhya Pradesh High Court Case Title: State …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
3 years, 1 month ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

Madhya Pradesh High Court Makes It Mandatory For Parties To Engage A Local Advocate While Instituting A Case
4 years, 4 months ago

Madhya Pradesh High Court Makes It Mandatory For Parties To Engage A Local Advocate While Instituting A Case

Live Law  

The Madhya Pradesh High Court on Tuesday issued a notice making it mandatory for "a party, engaging an advocate not stationed at Jabalpur, Indore or Gwalior in a case instituted at such place, to also engage a local advocate." Significantly, vide amendment published in Madhya Pradesh Gazette Notification dated 2nd October, 2020, the provision of Rule 3 of Chapter-VIII of …

MP HC Restrains Rewa Collector From Taking Action Against Tribals [Read Order]
7 years, 9 months ago

MP HC Restrains Rewa Collector From Taking Action Against Tribals [Read Order]

Live Law  

The Madhya Pradesh High Court has restrained the district collector of Rewa from taking any coercive action to remove hutment of 200 Tribals till their representation is not decided.The Tribals, who are illiterate and economically impoverished, were allegedly encroaching upon the government land and were affected by the order passed by the court of Nayab Tehsildar on 23.05.2017.The. The Madhya …

MP HC Restrains Rewa Collector From Taking Action Against Tribals [Read Order]
7 years, 9 months ago

MP HC Restrains Rewa Collector From Taking Action Against Tribals [Read Order]

Live Law  

The Madhya Pradesh High Court has restrained the district collector of Rewa from taking any coercive action to remove hutment of 200 Tribals till their representation is not decided.The Tribals, who are illiterate and economically impoverished, were allegedly encroaching upon the government land and were affected by the order passed by the court of Nayab Tehsildar on 23.05.2017.The. The Madhya …

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