K.K. Singh Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 15450 MP

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 WP No. 26805 of 2022
            (K.K. SINGH BAGHEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 23-11-2022
       Shri Dr. Anuvad Shrivastava, learned counsel for the petitioner.

       Shri Sudeep Chatterjee, learned Government Advocate for the State.
       Petitioner has filed this writ petition under Article 226 of the Constitution
of India challenging order dated 09.11.2022 (Annexure-P/7).
       Learned counsel appearing for petitioner submitted that respondents

cannot withhold earned leave and gratuity amount of petitioner. Division Bench

of this Court in judgment dated 04.09.2019 passed in WA No.772/2019 has held as under:-

"The respondents can certainly withhold the pension of the appellant/petitioner, in case, he is convicted in the trial which is pending against him. So far as leave encashment amount is concerned, there is no provision which disentitles the appellant/petitioner during the pendency of the criminal case from encashing the leave in his account. Therefore, the present writ appeal is allowed and the respondents are directed to release 50% of the gratuity as directed by the learned Single Judge as well as the amount which is in the account of the petitioner under the leave encashment head."

In view of aforesaid submission, counsel appearing for petitioner makes a

prayer that this petition be disposed of as case of petitioner is squarely covered by judgment passed by Division Bench in WA No.772/2019.

Learned Government Advocate appearing for State prays for short time to seek instructions in the matter and go through the order of Division Bench and if required to file reply.

Two weeks' time is granted to Government Advocate appearing for State to seek instructions and to make statement whether case of petitioner is identical to that of case which was under consideration before Division Bench in WA

No.772/2019.

List the matter in week commencing 12.12.2022.

(VISHAL DHAGAT) SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2022.11.24 11:25:23 +05'30' JUDGE

shabana