Hearing in revocation of suspension deferred till Nov 6

Source: The Hitavada      Date: 12 Oct 2017 11:20:20


 

Legal Correspondent,

HEARING on contempt petition, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Rajeev Kumar Dubey said that we find that respondent has prima facie committed contempt of court. Consequently, the petition has been adjourned till November 6. Principal Secretary, Public Health and Family Welfare Department, shall remain present before the court if the representation is not decided before the said date.


The writ petition filed by the petitioner was decided on October 13, 2016, giving opportunity to petitioner to submit a representation for revocation of his suspension. There is a direction to decide representation within a period of 45 days. Deputy Advocate General Sanjay Dwivedi had sought six weeks time for instructions in the matter on August 9, 2017.


The matter was listed for hearing again on September 1, 2017, when another three weeks time was given to respondent to decide the representation. Later, on September 25, another two weeks’ time was given to the respondent on counsel’s request. During the hearing, counsel for the respondent stated that representation is required to be decided by a committee. A decision taken by the committee was not found satisfactory by him, therefore, he referred the matter back to the Committee to decide afresh. But he is not in a position to point out the progress thereafter. In view of the said fact, we find that the respondent has prima facie committed contempt of court. Consequently, hearing of present petition is adjourned till November 6.


Principal Secretary of Public Health and Family Welfare Department shall remain present before the court, if the representation is not decided before the said date, the division bench said.


Earlier, the petitioner Surgical Specialist Dr Anil Kadwey filed a writ petition mentioned that he was working as a Surgical Specialist in Chhindwara District Hospital. Due to his involvement in a criminal case in Vyapam scam he was suspended on January 9, 2015. The petitioner remained suspended for more than one-and-half year. There are other similar employees who were also suspended on identical consideration, whose suspensions have been revoked and they have been reinstated.


Due to cancellation of suspension and reinstatement this petition has been filed. After hearing the writ petition, division bench of MPHC had disposed off the petition with direction that on petitioner’s filing a detailed representation seeking revocation of suspension by filing an appropriate application before the competent authority of the State Government, the competent authority shall consider and take a decision on the question of revocation in accordance with the law after taking note of circular applicable in the matter and communicate the position to the petitioner within a period of 45 days of its representation. Needless to emphasis that still aggrieved the petitioner shall have liberty to ventilate his grievance afresh in accordance with the law before the appropriate court or forum. But the respondent authorities did not take any action in this regard thereafter the petitioner filed this contempt petition for justice.