WP 8322/09
14.9.2011
We have heard learned counsel for the petitioner, learned
counsel for respondents no. 1 to 3, learned counsel for respondent
no. 4 and learned counsel for respondents no. 7 and 8.
This writ petition has been filed by way of PIL challenging
the appointment and continuance of private respondent no. 5 on
the post of Deputy Secretary in the M.P. Government. An order
dated 26.2.2011, of the Government has been produced by the
learned counsel for the respondents by which the said respondent
No. 5 has been removed from the post of Deputy Secretary and
sent to the Agriculture University, Gwalior.
Accordingly, that part of the relief has become infructuous.
Learned counsel for the petitioner has argued that out of the
money meant for the Jabalpur institution, some of the amount has
been transfered by the said Deputy Secretary to the institution at
Gwalior. It is not the petitioner’s case that the money has been
pocketed by the respondent no. 5 and therefore, we do not think
that the said issue should be examined in the PIL jurisdiction of
this Court. The petition is dismissed as infructous.
(Sushil Harkauli) (K.K.Trivedi) Acting Chief Justice Judge AK
