Padmalal vs Aadivasi Vikash Vibhag
2023 Latest Caselaw 9900 MP

                                                                1
                           IN       THE      HIGH        COURT OF MADHYA                        PRADESH
                                                           AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 30 th OF JUNE, 2023
                                                 WRIT PETITION No. 2071 of 2018

                           BETWEEN:-
                           PADMALAL S/O SHRI BHOLUJI GANGAREKAR, AGED
                           ABOUT    65  YEARS,  OCCUPATION:   RETIRED
                           SAWANTPURAM    COLONY   BADWANI   (MADHYA
                           PRADESH)

                                                                                             .....PETITIONER
                           (SHRI LOKENDRA GANGAREKAR - ADVOCATE)

                           AND
                           1.      AADIVASI VIKASH VIBHAG THROUGH AAYUKT
                                   VALLABH    BHAWAN,   BHOPAL  (MADHYA
                                   PRADESH)

                           2.      COLLECTOR THE STATE OF MADHYA PRADESH
                                   COLLECTOR    OFFICE,BARWANI   (MADHYA
                                   PRADESH)

                           3.      ASSISTANT COMMISSIONER ADIWASI                VIKAS
                                   VIBHAG, BARWANI (MADHYA PRADESH)

                           4.      PRINCIPAL  GOVT.HIGH  SCHOOL                TALUN,
                                   BARWANI (MADHYA PRADESH)

                           5.      PRINCIPAL GOVT. BOYS HIGHER SECONDARY
                                   SCHOOL ANJAD , (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                            (SHRI TARUN PAGARE - GOVERNMENT ADVOCATE)

                                This petition coming on for orders this day, the court passed the following:
                                                                 ORDER

In the instant petition, the petitioner has prayed for direction for payment of salary from 18.06.2011 to 21.08.2012 alongwith interest and also prayed for Signature Not Verified Signed by: SOURABH YADAV Signing time: 30/06/2023 5:48:34 PM

quashing of order Annexure P/5 dated 31.07.2015, whereby, the period from 18.06.2011 to 21.08.2012 has been treated to be dies non.

2. The petitioner was transferred from Boys Higher Secondary School, Anjad to Middle School, Sirwei Sendhwa. The said petition was disposed off with a direction to the respondent to consider and decide the representation of the petitioner. Till the decision on the representation, status quo with regard to the posting of the petitioner was directed to be maintained. Accordingly, the respondents have filed reply and submitted that the petitioner did not join at transferred place and he did not work for the period from 18.06.2011 to 21.08.2012 and therefore, he is not entitled for salary.

3. Learned counsel for the petitioner submits that the order of punishment amounts to major penalty and therefore, the same could not have been imposed without following procedure prescribed for major punishment under Rule 14 of MP Civil Servies (Classification, Control and Appeal) Rules, 1966. In support of his submissions, he has placed reliance on the judgment passed by coordinate bench of this Court in Mahesh Kumar Shrivastava Vs. State of M.P. and others reported in 2007(3) M.P.H.T.362 and also the order dated 15-01-2018 passed by another Coordinate Bench in W.P.No.4553/2016(Udai Lal Rawat Vs. State of M.P.) and also order dated 30-07-2018 passed in W.P.No.3955/2017 (Vidhi Sharma Vs Revenue Department and Ors).

4. Learned counsel for the respondent supports the order of dies non. However, could not dispute the fact that no departmental inqiury was conducted before passing the order of dies non.

5. After hearing learned counsel for the parties and taking into consideration the law settled by this court that the order of dies non amounts to major punishment and an inquiry has to be held before passing the said order. The Signature Not Verified Signed by: SOURABH YADAV Signing time: 30/06/2023 5:48:34 PM

petition is allowed. The impugned order of dies non dated 31.07.2015 Annexure P/5 is quashed. The respondents are granted liberty to pass fresh order in accordance with law after following the procedure prescribed for major punishment. The respondents shall also examine the fact that whether the petitioner had acutally worked for the period from 18.06.2011 to 21.08.2012 or not. On the question of salary also, the petitioner shall be afforded opportunity of hearing.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 30/06/2023 5:48:34 PM