The State Of Madhya Pradesh vs Birendra Kumar Shakya
2023 Latest Caselaw 6770 MP

                             1

      IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
      HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                 ON THE 26th OF APRIL, 2023
                WRIT APPEAL NO. 699 OF 2022

BETWEEN:-

1.    STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY, TECHNICAL
      EDUCATION, SKILL DEVELOPMENT &
      EMPLOYMENT           DEPARTMENT
      MANTRALAYA,    VALLABH,   BHOPAL
      (MADHYA PRADESH)

2.    DIRECTOR, DIRECTORATE OF SKILL
      DEVELOPMENT      NARMAD  ROAD,
      ADARSH NAGAR RAMPUR, JABALPUR
      (MADHYA PRADESH)

3.    COMMISSIONER, GWALIOR DIVISION,
      GWALIOR (MADHYA PRADESH)

4.    PRINCIPAL   INDUSTRIAL    TRAINING
      INSTITUTE,    KOLARAS,    DISTRICT
      SHIVPURI (MADHYA PRADESH)
                                              ........APPELLANTS

(BY SHRI MPS RAGHUVANSHI - ADDITIONAL ADVOCATE GENERAL)

AND

BIRENDRA KUMAR SHAKYA S/O LATE SHRI
KHOOBIRAM SHAKYA, AGED 57 YEARS,
OCCUPATION SERVICE, ADDRESS TRAINING
OFFICER, ITI KOLARAS, DISTRICT SHIVPURI
(MADHYA PRADESH)
                                            2

                                                               ........RESPONDENT

(BY SHRI ARVIND DUDAWAT - ADVOCATE WITH SHRI ANSHUMAN
DUDAWAT - ADVOCATE)

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       This appeal coming on for orders this day, Hon'ble Shri Justice
Satyendra Kumar Singh passed the following:
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                                   JUDGMENT

This intra Court appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adniniyam, 2005 has been preferred against the order dated 09.08.2021 passed by learned Single Judge of this Court in W.P. No.7907/2020, whereby punishment order dated 08.05.2020 passed by appellant No. 3 - Commissioner, Gwalior Division, Gwalior, withholding of one annual increment with cumulative effect of respondent was set aside.

Upon perusal of the record, this fact appears undisputed that appellant No. 3 - Commissioner, Gwalior Division, Gwalior vide order dated 25.10.2018 suspended the respondent - Training Officer, Industrial Training Institute, Gwalior. Thereafter, the Commissioner, Gwalior Division, Gwalior, after conclusion of the departmental enquiry wherein charges alleged against the respondent were found to be proved, punished him with major penalty of withholding of one increment with cumulative effect vide order dated 08.05.2020.

This fact also appears undisputed that at the relevant point of time, respondent was a Class-III employee and according to Rule 10 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short "Rules, 1966"), appellant No. 2 Director,

Directorate of Skill Development was competent authority to impose aforesaid punishment upon him. As per notification dated 15.09.2008, appellant No. 3 - Commissioner, Gwalior Division, Gwalior was empowered only to take disciplinary action to impose the penalties specified in Clause (I) to (IV) of Rule 10 of the Rules, 1966 on Class I & II Government Servants (Except the Officers of the Judicial Services, Police Department and Posted in Non-Governmental Institutions/Organizations/Undertakings) of the State Government posted within his division.

Since appellant No. 3 - Commissioner, Gwalior Division, Gwalior was not empowered to impose penalty upon Class-III employees, therefore, the punishment order dated 08.05.2020 passed by him withholding of one annual increment with cumulative effect of respondent was apparently illegal, therefore, no interference is warranted in the impugned order dated 09.08.2021 passed by learned Single Judge of this Court in W.P. No.7907/2020.

Accordingly, the appeal being devoid of merits and is hereby dismissed.

No order as to costs.

           (ROHIT ARYA)                            (SATYENDRA KUMAR SINGH)
              JUDGE                                         JUDGE

Abhi
  Digitally signed by ABHISHEK
  CHATURVEDI
  Date: 2023.05.01 11:55:08
  +05'30'