JABALPUR, India, Nov. 24 -- Madhya Pradesh High Court issued the following judgment/order on Oct. 28:

1. The instant intra court appeal is preferred by the appellants being aggrieved by the order dated 10.03.2025 passed by learned Single Judge in Writ Petition No.23801/2023, whereby the writ petition preferred by the respondent was allowed directing the appellants to reinstate the respondent in service with all back wages treating the intervening period when he remained out of job as the period on service.

2 . Heard on IA No.15701/2025 which is an application for condonation of delay of 67 days occurred in filing the appeal.

3. Counsel appearing on behalf of the respondent submits that without prejudice to the defence he has no objection to the delay being condoned.

4. Considering the reasons assigned in the application which is duly supported by the affidavit of the OIC and no objection extended by the respondent, we deem it proper to allow the application and condone the delay. Consequently, application is allowed, delay is condoned.

5. Heard Shri Anubhav Jain, Government Advocate for the appellants and Shri Sanjay K. Agrawal, senior advocate with Ms. Shoren Agrawal counsel for the respondent on the question of admission.

6. Short facts of the case are that the respondent was initially appointed on the post of Constable (Trademan) on 22.05.2008. In the month of May, 2021 he was quarantined in community hall at Jabalpur due to ongoing Covid -19 Pandemic. At that time it was informed to controlling officer that he was unconscious and not feeling well. It is alleged that the respondent had consumed liquor and was in the state of intoxication, pursuant to which the respondent was sent for medical examination to Government Hospital Ranghi, Jabalpur. The Department has issued a charge sheet on 19.07.2021 to the respondent levelling two charges against him that he was under intoxication and earlier also he was punished for consumption of liquor, but no improvement was shown by him.

7. After conducting enquiry, the enquiry officer prepared the enquiry report, wherein both the charges were found proved and the disciplinary authority after issuance of show cause notice by order dated 31.01.2022 inflicted the punishment of dismissal from service upon the respondent. Respondent preferred an appeal challenging the dismissal order but the appellate authority by order dated 28.03.2022 dismissed the appeal. Thereafter, respondent preferred mercy appeal, which was also dismissed by order dated 25.04.2023 hence the writ petition was filed by the respondent before the learned single judge which was allowed by the impugned order.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2404/WA_2404_2025_FinalOrder_28-10-2025_digi.pdf)

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