Madhya Pradesh HC says one can’t move court if appeal is pending with competent authority

The Madhya Pradesh High Court on Friday while disposing of a petition held, “Since the appeal is already pending before the authority concerned, simultaneously proceedings by way of the writ petition is not permissible.”

The petitioner, R.S. Gautam, filed the writ aggrieved by the order of suspension dated January 25, 2021. His counsel, K.K. Gautam stated that the petitioner has filed an appeal before the competent authority but till date, the same has not been decided.

Manoj Kushwaha, counsel for the State, has stated that simultaneous proceedings are not permissible. Since the petitioner has already filed an appeal, he may be directed to pursue the same.

A single-judge bench of Justice Nandita Dubey after hearing the submission of the parties held, “The order of suspension is appealable and an appeal has already been filed by the petitioner before the authority concerned. Since the appeal is already pending before the authority concerned, simultaneously proceedings by way of writ petition is not permissible.”

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The court directed the petitioner to pursue his remedy before the competent authority and the appellate authority/competent authority is directed to decide the pending appeal of the petitioner expeditiously preferably within a period of 30 days from the date of production of the certified copy of the order passed.

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