Citation : 2023 Latest Caselaw 3181 MP
Judgement Date : 21 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 27977 of 2022
(RAJKUMAR SANODIA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 21-02-2023
Ms. Pooja Gupta - Advocate for the petitioner.
Shri V.P. Tiwari - Government Advocate for the respondents/State.
Heard on admission/ stay.
It is the submission of learned counsel for the petitioner that period of absence because of medical condition of husband of petitioner gave an
opportunity to the respondents to treat him as dias-non and thereafter recovery has been ordered. Husband of petitioner was Class-III employee being Patwari. She relied upon the judgment of Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others, (2015) 4 SCC 334 a n d High Court of Punjab and Haryana and others Vs. Jagdev Singh (2016)14 SCC 267.
Issue notice to the respondents on payment of process fee through Registered A.D. mode within seven working days, returnable within four weeks.
Till the next date of hearing, effect and operation of recovery order
Annexure-P/1 and P/2 shall remain stayed.
List immediately after four weeks.
(ANAND PATHAK) JUDGE
AT
Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/22/2023 10:27:14 AM
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