Narendra Kumar Agrawal (Gupta) vs The State Of Madhya Pradesh
2023 Latest Caselaw 181 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                     ON THE 3 rd OF JANUARY, 2023
                   WRIT PETITION No. 22327 of 2018

BETWEEN:-
NARENDRA KUMAR AGRAWAL (GUPTA) S/O SHRI
DEDARNATH GUPTA, AGED ABOUT 55 YEARS,
OCCUPATION: SERVICE R/O PALIYA COLONY, M.S.
ROAD, MORENA (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI YOGESH SINGHAL - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY ANIMAL HUSBANDRY,
      VALLABH    BHAWAN,   BHOPAL  (MADHYA
      PRADESH)

2.    THE   DIRECTOR,  ANIMAL     HUSBANDRY
      KAMDHENU BHAWAN VAISHALI NAGAR BHOPAL
      (MADHYA PRADESH)

3.    THE DEPUTY DIRECTOR VETERINARY SERVICE,
      SHEPUR (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI NILESH TOMAR - GOVT. ADVOCATE)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

The petitioner has filed the present petition praying for quashment of the impugned order Annexure P/1 whereby, services of the petitioner who is a retired Asstt. Veterinary Field Officer, from 01.08.2013 to 31.10.2015 (total

822) has been declared as dies-non without any notice or inquiry.

Learned counsel for the petitioner submits that petitioner remained in service up to the superannuation on 01.08.2016 and order pertaining to declaring the period as dies-non cannot be passed without show cause notice or inquiry. He further submits that the case of petitioner is squarely covered by the Judgment passed by coordinate Bench of this Court in M.P.No.167 of 2007 (Mahesh Kumar Shrivastava Vs. State of M.P. and Others) on 5.7.2007 wherein, relying upon the judgment of Hon'ble Division Bench, it was held that in case of dies non when the pension of an employee will be affected, then certainly, it would amount to major penalty and for that purpose, under the provisions of M.P. Civil Services (CCA) Rules, 1966, a regular departmental

inquiry is necessary and since herein in this case, no departmental inquiry has been conducted, hence, order impugned is not sustainable. He, therefore, prays that the petition filed by the petitioner may be disposed of in the light of the judgment rendered by Coordinate Bench of this Court in M.P.No.167 of 2007.

Learned Govt. Advocate has no objection if respondents are directed to consider and decide the case of the petitioner in the light of the judgment passed in M.P.No.167 of 2007.

From perusal of record, it is apparent that the order dated 01.02.2018 (Annexure P/1) declaring the period from 01.08.2013 to 31.10.2015 as dies- non is stigmatic in nature for the simple reason that the said period would not be counted in the entire service period of the employee and that would be counted as break in service. If a stigmatic order is being passed, holding a departmental inquiry is pre-supposed. Admittedly, no departmental inquiry is being conducted in the present case, therefore, the impugned order cannot be allowed to remain stand and the same is hereby quashed.

Resultantly, this petition succeeds and is hereby allowed. The

respondents are free to conduct regular departmental inquiry against the petitioner.

Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Rks

RAM KUMAR SHARMA 2023.01.04 10:24:06 +05'30'