M.P.E.B., Jabalpur vs V.V.Kulkarni & Ors.
2022 Latest Caselaw 1607 MP

IN THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH
                                     AT JABALPUR
                                          BEFORE
      HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
                        ON THE 04TH OF FEBRUARY, 2022
                          WRIT PETITION No. 4071 of 2000

               Between:-

               M,.P. ELECTRICITY BOARD, THROUGH
               ITS SECRETARY, RAMPUR, SHAKTI
               NAGAR, JABALPUR (M.P.)


                                                                             .....APPELLANT

               (BY SHRI ANOOP NAIR, ADVOCATE)

                                             AND

       1.      SHRI V.V. KULKARNI C/O SHRI V.H.
               KULKARNI, R/O PLOT NO.55, NEW ADARSH
               COLONY,   GARHA    ROAD,    JABALPUR
               (MADHYA PRADESH)

       2.      THE PRESIDING OFFICER, LABOUR COURT,
               JABALPUR (MADHYA PRADESH)

       3.      MEMBER JUDGE, INDUSTRIAL                          COURT,
               JABALPUR (MADHYA PRADESH)


                                                                  ....RESPONDENTS
--------------------------------------------------------------------------------------------------
                     - (Heard through Video Conferencing)
       This petition coming on for hearing this day, this court passed
the following:

                                          ORDER

A perusal of order sheet dated 17.7.2000 shows that this Court by passing interim order has stayed the payment of full back wages to the respondent No.1 for the period he remained under suspension.

Taking into consideration the fact that the petitioner remained under suspension not on account of pendency of any departmental

action against him but on account of pendency of a criminal case. The pendency of criminal case is not attributable to the employer.

In view of the principles laid down by Hon'ble Supreme Court in the judgment of Union of India and others Vs. Jaipal Singh 1, this petition is partly allowed in terms of interim order dated 17.7.2000, by setting aside the directions of grant of full back wages to the respondent No.1 for the period he remained under suspension.

It is seen that the prosecution was also not at the instance of the employer but on account of an independent criminal act of the employee.

With the aforesaid directions, the present petition is disposed off.

(PURUSHAINDRA KUMAR KAURAV) JUDGE Nitesh NITESH PANDEY 2022.02.08 11:38:26 +05'30'

1 (2004) 1 SCC 121.