IN THE HIGH COURT OF MADHYA PRADESH

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AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE VISHAL DHAGAT

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ON THE 7

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th

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OF JANUARY, 2026

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WRIT PETITION No. 13013 of 2025

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RAGHUNANDAN CHOLUDHARY

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Versus

THE STATE OF MADHYA PRADESH AND OTHERS

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Appearance:

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Shri Arvind Kumar Pathak - Advocate for the petitioner.

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Shri Ved Prakash Tiwari - Government Advocate for the State.

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ORDER

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Petitioner has filed this petition under Article 226 of the Constitution of

India challenging order dated 21.03.2025 (Annexure-P/1) by which petitioner was

removed from service.

2. Learned counsel appearing for petitioner submitted that no departmental

enquiry has been conducted against petitioner before his removal. Action of

removal without conducting departmental enquiry is contrary to the Rules and

there is violation of procedure required to be followed by respondent. Petitioner as

well as respondents are governed by the The Madhya Pradesh Civil Services

(Classification, Control and Appeal) Rules, 1966. In view of same, impugned

order may be quashed.

3. Learned Government Advocate appearing for State opposed Writ

Petition. It is submitted by him that petitioner has been convicted in an offence

under Section 420 of IPC. Appeal preferred by petitioner is pending. In

departmental enquiry services of petitioner has been terminated. It is submitted

that no fruitful purpose will be served in entertaining Writ Petition. Petitioner is a

1 WP-13013-2025NEUTRAL CITATION NO. 2026:MPHC-JBP:1163

(VISHAL DHAGAT)

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JUDGE

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convicted criminal and if impugned order of departmental enquiry is quashed, then

petitioner will rejoin the service. He has been convicted of charge of moral

turpitude. In these circumstances Writ Petition may not be entertained and same be

dismissed.

4. Heard the counsel for the parties.

5. On going through facts of the case, it is found that petitioner has been

convicted under Sections 420, 467, 120-B of the IPC in Case No.814/2000 by

judgement dated 11.02.2025. It will not be in interest of public and administration

to quash an order of departmental enquiry and reinstate a person who has been

convicted under Section 420, 467 and 120-B of IPC. Aforesaid offences makes out

a case of moral turpitude. Writ Court is a Court of equity and it exercises its

jurisdiction on grounds of equity, justice, good consigns and fair play. Relief

under Article 226 of Constitution of India is discretionary in nature. Since

interference in order of departmental enquiry may be counter productive and

against equity, justice and good consigns, therefore, Court refuses to exercise its

jurisdiction under Article 226 of Constitution of India.

6. Writ petition is dismissed

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. Petitioner will be at liberty to approach this

Court, if petitioner is successful in criminal appeal.

$A

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