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Dr. D.k. Khare v. The State Of Madhya Pradesh
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 15thOF JULY, 2026 WRIT PETITION No. 15329 of 2015
DR. D.K. KHARE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Raj Kumar Tripathi - Advocate for petitioner. Shri Pramod Kumar Chaurasia - Govt. Advocate for respondent-State. Ms. Kaushiki Sharma - Advocate for respondent no.3.
ORDER
Petitioner has filed this writ petition under Article 226 of Constitution of India making following prayers :
"7(i) That, by issuance of a writ in the nature of certiorari, the Hon'ble Court be pleased to quash impugned order dated 05.011.2014 (Annexure- P/1) and order dated 06.08.2010 (Annexure-P/2) in the interest of justice; 7(ii) That, by issuance of a writ in the nature of Mandamus, the Hon'ble Court be pleased to hold that as per the rule - 18 of "Rules 1966"
Director Public Instructions is not the competent authority to to order for a joint enquiry, and as such the order is void ab-initio; 7(iii) Any other writ/direction or order in the facts and circumstances of the case as this Hon'ble Court deems fit may kindly be granted to petitioner.
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2. Counsel for petitioner submitted that in departmental enquiry, order dated 28.09.2021 was passed. By said order, authority deemed it fit to continue enquiry. Enquiry was further conducted and final order was passed on 12.05.2026 and petitioner was exonerated. It is submitted that since petitioner has been exonerated in departmental enquiry, therefore, proceedings of DPC Sr.No.40 dated 15.03.2012, in which, case of petitioner was considered for promotion to the post of Assistant Director and proceedings were kept in sealed cover. Another DPC was conducted on 27.02.2015 and said proceedings were for promotion to the post of Dy. Director and same was also kept in sealed cover. It is submitted that now petitioner has been exonerated, therefore, in accordance with rules, department shall be directed to open the sealed cover proceedings and if petitioner was declared fit for promotion to aforesaid posts, then consequential order be passed.
3. Govt. Advocate appearing for State submitted that needful shall be done and sealed cover procedure shall be opened and consequential order will be passed.
4. Heard learned counsel for parties.
5. In view of aforesaid submission, writ petition filed by petitioner is disposed of directing respondents-authorities to open sealed cover proceedings in respect of DPC Sr.No.40 Dated 15.03.2012 and DPC dated 27.02.2015 and further orders be passed for giving consequential benefit to petitioner.
6. With aforesaid, writ petition filed by petitioner is disposed of.
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(VISHAL DHAGAT)
JUDGE
7. Certified copy as per rules.nd
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