Sunita Trivedi vs The State Of Madhya Pradesh on 12 March, 2026

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    Madhya Pradesh High Court

    Sunita Trivedi vs The State Of Madhya Pradesh on 12 March, 2026

                              NEUTRAL CITATION NO. 2026:MPHC-GWL:8759
    
    
    
    
                                                                       1                     WP. No. 1913 of 2017
    
                                   IN   THE      HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
                                                      ON THE 12th OF MARCH, 2026
    
                                                    WRIT PETITION No. 1913 of 2017
    
                                                      SUNITA TRIVEDI
                                                          Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
    
    
                              Appearance:
                              Shri S. K. Sharma - learned counsel for the petitioner.
                              Shri Siraj Qureshi - learned Government Advocate for the respondents/State.
    
                                                                    ORDER
    

    This petition, under Article 226 of Constitution of India, has been filed
    seeking the following relief (s):

    “(i) That, the impugned order dated 19.08.2016 Annex. P/8 may
    kindly quashed further the adverse part confirm by the respondent
    no.2 be held illegal and be quashed.

    (ii) That, the all service benefit be extended to the petitioner.

    (iii) That, any other relief which this Hon’ble High Court may deem
    fit, with cost of the petition.”

    2. Learned counsel for the petitioner submits that the petitioner is a resident
    of Madhya Pradesh and he is working as an Assistant Teacher in the Education

    SPONSORED

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
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    2 WP. No. 1913 of 2017

    Department. She is presently posted at Government Primary School,
    Mahavirpura, District Guna. Despite knowing that petitioner was a teacher,
    respondents, by order dated 30.04.2016, engaged her as a member in the Gram
    Uday Se Bharat Uday programme. In compliance with the said order, petitioner
    joined the training of the programme on 04.05.2016 and her presence is duly
    reflected in the attendance record maintained by the respondents. During the
    training period, petitioner was not provided with the necessary material and was
    informed that the team leader would communicate regarding the collection of
    required articles. However, the team leader, Smt. Mradula Saxena, did not
    communicate any such information to petitioner until 24.05.2016. On the evening
    of 24.05.2016, petitioner was informed that she had been placed under Team
    No.61 by order dated 23.05.2016 and was directed to collect the required articles.
    Petitioner complied with the directions and completed the assigned work without
    any irregularity. It is further submitted that due to similarity in names, the team
    leader mistakenly contacted another teacher, namely Sudha Trivedi of Middle
    School Mahavirpura, instead of petitioner Sunita Trivedi. Owing to this
    misunderstanding, an adverse report was sent to respondent No.3 on the basis of
    which petitioner was placed under suspension by order dated 01.06.2016, which
    is without jurisdiction. Petitioner immediately clarified the matter and submitted
    representations explaining that she had never avoided her duties. The team leader
    also informed the District Project Coordinator, District Education Centre, Guna,
    by letter dated 02.06.2016 that the issue had occurred due to confusion in the
    name of member and that petitioner had duly performed her duties. Petitioner
    also submitted representations to the District Education Officer along with
    relevant documents. However, respondent No.3, ignoring the aforesaid

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
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    3 WP. No. 1913 of 2017

    correspondence issued a show-cause notice dated 26.07.2016 alleging
    misconduct. Petitioner submitted a detailed reply on 29.07.2016 explaining the
    true facts. Despite the material available on record, respondent No.3, without
    properly considering the explanation and without conducting any proper enquiry,
    passed the impugned order dated 19.08.2016 imposing the penalty of
    withholding of one increment without cumulative effect and also forfeited the
    salary for the suspension period. Being aggrieved, petitioner preferred an appeal
    before respondent No.2. However, respondent No.2, without properly examining
    the facts and circumstances of the case, dismissed the appeal by order dated
    17.01.2017, merely modifying the order to the extent of releasing the salary for
    the suspension period. Learned counsel for petitioner further submits that the
    impugned orders have been passed arbitrarily, without jurisdiction and in
    violation of the principles of natural justice. Petitioner had duly performed all
    duties assigned to her and the alleged lapse occurred only due to a mistake in
    communication by the authorities. Therefore, the impugned orders deserve to be
    quashed.

    3. Learned counsel for respondent/State submits that the present petition has
    been filed by the petitioner being aggrieved by the order dated 19.08.2016 passed
    by respondent No.3, whereby the penalty of withholding of one increment
    without cumulative effect has been inflicted and the salary for the suspension
    period has also been forfeited without following the principles of natural justice
    or giving a proper opportunity of hearing. It is further submitted that on filing the
    appeal, respondent No.2 modified the order only to the extent of directing
    payment of salary for the suspension period and affirmed the order of respondent
    No.3. Thus, without availing the statutory remedy of second appeal, the

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:8759

    4 WP. No. 1913 of 2017

    present writ petition is not maintainable under Article 226 of the Constitution of
    India.

    4. Heard the learned counsel for the parties and perused the record.

    5. Now the only question for consideration is as to whether this Court can
    dismiss the petition on the ground of availability of alternative remedy or not?

    6. The Supreme Court in the case of State of Uttar Pradesh and another v.
    Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti and another
    ,
    reported in (2008) 12 SCC 675 has held as under:

    “37. We have given most anxious and thoughtful consideration to the
    rival contentions of the parties. So far as preliminary objection raised
    by the Corporation before the High Court is concerned, in our
    considered view, the same was well founded and ought to have been
    upheld. It was urged before the High Court on behalf of the
    Corporation and the State Government that the writ petition was
    premature inasmuch as no retrenchment had been affected. Several
    disputed questions of fact were involved in the petition. If the
    contention of the Samiti was that there was illegal closure of
    undertaking or there was non-payment of wages by the employer,
    appropriate proceedings could have been initiated under industrial law.
    In fact, one of the Judges of the Division Bench upheld the contention
    and observed that the employees could have claimed closure
    compensation under Section 25- FFF of the Act or could have
    approached prescribed authority under the Payment of Wages Act
    relying upon Section 33-C(2) of the Act or Section 6-H(2) of the U.P.
    Industrial Disputes Act. The other Single Judge of the Division Bench,
    however, held that the writ petition had been entertained and interim
    orders were also passed. Relying upon Suresh Chandra Tewari [AIR
    1992 All 331], the learned Judge held that “the petition cannot be

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
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    5 WP. No. 1913 of 2017

    dismissed on the ground of alternative remedy if the same has been
    entertained and interim order has been passed”.

    (emphasis supplied)

    38. With respect to the learned Judge, it is neither the legal position
    nor such a proposition has been laid down in Suresh Chandra Tewari
    [AIR 1992 All 331] that once a petition is admitted, it cannot be
    dismissed on the ground of alternative remedy. It is no doubt correct
    that in the headnote of All India Reporter (p. 331), it is stated that
    “petition cannot be rejected on the ground of availability of alternative
    remedy of filing appeal”. But it has not been so held in the actual
    decision of the Court. The relevant para 2 of the decision reads thus:

    (Suresh Chandra Tewari case [AIR 1992 All 331], AIR p. 331)

    “2. At the time of hearing of this petition a threshold question,
    as to its maintainability was raised on the ground that the
    impugned order was an appealable one and, therefore,
    before approaching this Court the petitioner should have
    approached the appellate authority. Though there is much
    substance in the above contention, we do not feel inclined to
    reject this petition on the ground of alternative remedy having
    regard to the fact that the petition has been entertained and an
    interim order passed.”

    (emphasis supplied)

    Even otherwise, the learned Judge was not right in law. True it is that
    issuance of rule nisi or passing of interim orders is a relevant
    consideration for not dismissing a petition if it appears to the High
    Court that the matter could be decided by a writ court. It has been so
    held even by this Court in several cases that even if alternative
    remedy is available, it cannot be held that a writ petition is not
    maintainable. In our judgment, however, it cannot be laid down as

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
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    6 WP. No. 1913 of 2017

    a proposition of law that once a petition is admitted, it could never
    be dismissed on the ground of alternative remedy. If such bald
    contention is upheld, even this Court cannot order dismissal of a writ
    petition which ought not to have been entertained by the High Court
    under Article 226 of the Constitution in view of availability of
    alternative and equally efficacious remedy to the aggrieved party,
    once the High Court has entertained a writ petition albeit wrongly and
    granted the relief to the petitioner.”

    7. The Supreme Court in the case of Genpact India Private Limited v.
    Deputy Commissioner of Income Tax and another
    , reported in 2019 SCC
    Online SC 1500 decided on 22.11.2019 in Civil Appeal No.8945/2019 has held
    as under:

    “23. We now turn to the question whether the High Court was justified
    in refusing to entertain the writ petition because of availability of
    adequate appellate remedy. The law on the point is very clear and was
    summarised in Commissioner of Income Tax v. Chhabil Dass
    Agarwal
    AIR (2014) 1 SCC 603] as under:–

    “11. Before discussing the fact proposition, we would
    notice the principle of law as laid down by this Court. It
    is settled law that non-entertainment of petitions under
    writ jurisdiction by the High Court when an efficacious
    alternative remedy is available is a rule of self-imposed
    limitation. It is essentially a rule of policy, convenience
    and discretion rather than a rule of law. Undoubtedly, it
    is within the discretion of the High Court to grant relief
    under Article 226 despite the existence of an alternative
    remedy. However, the High Court must not interfere
    if there is an adequate efficacious alternative remedy
    available to the petitioner and he has approached the

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
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    7 WP. No. 1913 of 2017

    High Court without availing the same unless he has
    made out an exceptional case warranting such
    interference or there exist sufficient grounds to
    invoke the extraordinary jurisdiction under Article

    226. (See State of U.P. v. Mohd. Nooh [AIR 1958 SC
    86], Titaghur Paper Mills Co. Ltd. v. State of Orissa

    [(1983) 2 SCC 433 : 1983 SCC (Tax) 131], Harbanslal
    Sahnia v. Indian Oil Corpn. Ltd. [(1983) 2 SCC 433 :
    1983 SCC (Tax) 131] and State of H.P. v. Gujarat
    Ambuja Cement Ltd.
    [(2005) 6 SCC 499])

    12. The Constitution Benches of this Court in K.S.
    Rashid and Son v. Income Tax Investigation
    Commission
    [AIR 1954 SC 207], Sangram Singh v.
    Election Tribunal [AIR 1955 SC 425], Union of India v.
    T.R. Varma [AIR 1957 SC 882], State of U.P. v. Mohd.
    Nooh
    [AIR 1958 SC 86] and K.S. Venkataraman and Co.
    (P) Ltd. v. State of Madras
    [AIR 1966 SC 1089] have
    held that though Article 226 confers very wide powers in
    the matter of issuing writs on the High Court, the remedy
    of writ is absolutely discretionary in character. If the
    High Court is satisfied that the aggrieved party can have
    an adequate or suitable relief elsewhere, it can refuse to
    exercise its jurisdiction. The Court, in extraordinary
    circumstances, may exercise the power if it comes to the
    conclusion that there has been a breach of the principles
    of natural justice or the procedure required for decision
    has not been adopted.
    [See N.T. Veluswami Thevar v. G.
    Raja Nainar
    [AIR 1959 SC 422], Municipal Council,
    Khurai v. Kamal Kumar
    [AIR 1965 SC 1321 : (1965) 2
    SCR 653], Siliguri Municipality v. Amalendu Das

    [(1984) 2 SCC 436 : 1984 SCC (Tax) 133], S.T.

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    8 WP. No. 1913 of 2017

    Muthusami v. K. Natarajan [(1988) 1 SCC 572],
    Rajasthan SRTC v. Krishna Kant
    [(1995) 5 SCC 75 :

    1995 SCC (L&S) 1207 : (1955) 31 ATC 110], Kerala
    SEB v. Kurien E. Kalathil
    [(2000) 6 SCC 293], A.
    Venkatasubbiah Naidu v. S. Chellappan
    [(2000) 7 SCC
    695], L.L. Sudhakar Reddy v. State of A.P.
    [(2001) 6
    SCC 634], Shri Sant Sadguru Janardan Swami (Moingiri
    Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of
    Maharashtra
    [(2001) 8 SCC 509], Pratap Singh v. State
    of Haryana [(2002) 7 SCC 484 : 2002 SCC (L&S) 1207 :

    (1995) 31 ATC 110] and GKN Driveshafts (India) Ltd.

    v. ITO21 [(2003) 1 SCC 72]] …

    15. Thus, while it can be said that this Court has
    recognised some exceptions to the rule of alternative
    remedy i.e. where the statutory authority has not acted in
    accordance with the provisions of the enactment in
    question, or in defiance of the fundamental principles of
    judicial procedure, or has resorted to invoke the
    provisions which are repealed, or when an order has been
    passed in total violation of the principles of natural
    justice, the proposition laid down in Thansingh Nathmal
    case [AIR 1964 SC 1419], Titaghur Paper Mills case
    [(1983) 2 SCC 433 : 1983 SCC (Tax) 131] and other
    similar judgments that the High Court will not entertain a
    petition under Article 226 of the Constitution if an
    effective alternative remedy is available to the aggrieved
    person or the statute under which the action complained
    of has been taken itself contains a mechanism for
    redressal of grievance still holds the field. Therefore,
    when a statutory forum is created by law for

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:8759

    9 WP. No. 1913 of 2017

    redressal of grievances, a writ petition should not be
    entertained ignoring the statutory dispensation.”

    24. Recently, in Authorised Officer, State Bank of Travancore v.
    Mathew K.C.
    [(2018) 3 SCC 85], the principles laid down in Chhabil
    Dass Agarwal [(2014) 1 SCC 603] were reiterated as under:

    “The discretionary jurisdiction under Article 226 is not
    absolute but has to be exercised judiciously in the given
    facts of a case and in accordance with law. The normal
    rule is that a writ petition under Article 226 of the
    Constitution ought not to be entertained if alternate
    statutory remedies are available, except in cases falling
    within the well-defined exceptions as observed in CIT v.
    Chhabil Dass Agarwal
    [(2014) 1 SCC 603]…”

    25. We do not, therefore, find any infirmity in the approach adopted
    by the High Court in refusing to entertain the Writ Petition. The
    submission that once the threshold was crossed despite the
    preliminary objection being raised, the High Court ought not to have
    considered the issue regarding alternate remedy, may not be correct.
    The first order dated 25.01.2017 passed by the High Court did record
    the preliminary objection but was prima facie of the view that the
    transactions defined in Section 115QA were initially confined only to
    those covered by Section 77A of the Companies Act. Therefore,
    without rejecting the preliminary objection, notice was issued in the
    matter. The subsequent order undoubtedly made the earlier interim
    order absolute. However, the preliminary objection having not been
    dealt with and disposed of, the matter was still at large.

    26. In State of U.P. v. U.P. Rajya Khanij Vikas Nigam Sangharsh
    Samiti
    [(2008) 12 SCC 675] this Court dealt with an issue whether
    after admission, the Writ Petition could not be dismissed on the

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:8759

    10 WP. No. 1913 of 2017

    ground of alternate remedy. The submission was considered by this
    Court as under:

    “38. With respect to the learned Judge, it is neither the
    legal position nor such a proposition has been laid down
    in
    Suresh Chandra Tewari [AIR 1992 All 331] that once
    a petition is admitted, it cannot be dismissed on the
    ground of alternative remedy. It is no doubt correct that
    in the headnote of All India Reporter (p. 331), it is stated
    that “petition cannot be rejected on the ground of
    availability of alternative remedy of filing appeal”. But it
    has not been so held in the actual decision of the Court.

    The relevant para 2 of the decision reads thus: (Suresh
    Chandra Tewari case, AIR p. 331)

    “2. At the time of hearing of this petition a
    threshold question, as to its maintainability was
    raised on the ground that the impugned order was
    an appealable one and, therefore, before
    approaching this Court the petitioner should have
    approached the appellate authority. Though there
    is much substance in the above contention, we do
    not feel inclined to reject this petition on the
    ground of alternative remedy having regard to the
    fact that the petition has been entertained and an
    interim order passed.”

    (emphasis supplied)

    Even otherwise, the learned Judge was not right in law.
    True it is that issuance of rule nisi or passing of interim
    orders is a relevant consideration for not dismissing a
    petition if it appears to the High Court that the matter
    could be decided by a writ court. It has been so held even

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:8759

    11 WP. No. 1913 of 2017

    by this Court in several cases that even if alternative
    remedy is available, it cannot be held that a writ petition
    is not maintainable. In our judgment, however, it
    cannot be laid down as a proposition of law that once
    a petition is admitted, it could never be dismissed on
    the ground of alternative remedy. If such bald
    contention is upheld, even this Court cannot order
    dismissal of a writ petition which ought not to have been
    entertained by the High Court under Article 226 of the
    Constitution in view of availability of alternative and
    equally efficacious remedy to the aggrieved party, once
    the High Court has entertained a writ petition albeit
    wrongly and granted the relief to the petitioner.

    27. We do not, therefore, find any error in the approach of and
    conclusion arrived at by the High Court. It is relevant to mention that
    the concessions given on behalf of the Revenue as recorded in the
    directions issued by the High Court also take care of matters of
    prejudice, if any. Consequently, the appellant, as a matter of fact, will
    have a fuller, adequate and efficacious remedy by way of appeal
    before the appellate authority.

    28. Certain issues raised during the course of hearing touching upon
    the aspects whether the appellant is liable under Section 115QA of the
    Act or whether the transaction of buy back of shares in the present
    matter would come within the statutory contours of said Section
    115QA or not, are issues which will be gone into at the appropriate
    stages by the concerned authorities; and as such we have refrained
    from dealing with those issues.”

    8. The petitioner has not denied the fact that an alternative remedy is
    available to him to approach the appropriate forum by filing rejoinder.

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM

    NEUTRAL CITATION NO. 2026:MPHC-GWL:8759

    12 WP. No. 1913 of 2017

    9. In view of the foregoing discussion and taking into consideration the entire
    facts and circumstances of the present case, this Court is of the considered view
    that no case is made out warranting interference.

    10. Ex. Consequenti, petition fails and is hereby dismissed.

    11. However, liberty is granted to petitioner to prefer second appeal/ mercy
    appeal before the appropriate appellate authority.

    (Anand Singh Bahrawat)
    Judge
    Ahmad

    Signature Not Verified
    Signed by: MOHD AHMAD
    Signing time: 3/17/2026
    9:50:47 AM



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