Amitap Mandloi vs Forest Department
2023 Latest Caselaw 4243 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                              ON THE 17 th OF MARCH, 2023
                                            WRIT PETITION No. 14303 of 2019

                          BETWEEN:-
                          AMITAP MANDLOI S/O SHRI DHULYA, AGED ABOUT 34
                          YEAR S , OCCUPATION: FOREST GUARD SWARNKAR
                          COLONY, (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI KARPE PRAKHAR MOHAN - ADVOCATE)

                          AND
                          1.    FOREST DEPARTMENT PRINCIPAL SECRETARY
                                MANTRALAYA, VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    DIVISIONAL FOREST OFFICER KHARGONE
                                SAMANYA VAN MANDAL KHARGONE (MADHYA
                                PRADESH)

                          3.    DISTRICT  PENSION   OFFICER    FINANCE
                                DEPARTMENT KHARGONE.. (MADHYA PRADESH)

                          4.    DISTRICT  REASURY   OFFICER   FINANCE
                                DEPARTMENT KHARGONE (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          ( BY SHRI KOUSTUBH PATHAK - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                            ORDER

T he petitioner has filed the present petition being aggrieved by orders dated 06.05.2019 and 14.06.2019 whereby not only pay scale has been reduced but direction to recover total Rs. 76947/- by way of 92 EMI from Month 9/2019 Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 21-Mar-23 5:57:48 PM

has also been issued.

Return has been filed by the respondents in which prayer has been made by the petitioner in the petition has been opposed.

The Co-ordinate Bench of this Court in Writ Petition No. 23516 of 2019 by order dated 30.01.2023 while considering identical matter has held as under :-

" Impugned order reveals that on the basis of objection taken by the Audit and Accounts Division on 07.04.2016 the order for reduction of pay as well as recovery has been passed. The reduction of pay as well as

recovery of amount is treated to be a major punishment, therefore, before doing so an opportunity of hearing ought to have been granted to the petitioner. Due to the effect of impugned order, the petitioner is getting less amount of salary. There was no hurry in passing the impugned order as the petitioner is in service and he could have be granted opportunity to explain about his pay scale. This issue earlier came up in cases of Telephone Attendant and Telephone Operator and put to rest by this Court in WA No.452/2015, while passing the impugned order, the said judgment has not been considered by the respondent while passing the impugned order."

In view of above, impugned orders dated 06.05.2019 and 14.06.2019 are set aside. Matter is remitted back to the respondents to pass fresh order after giving opportunity of hearing to the petitioner. Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 21-Mar-23 5:57:48 PM

The petition is accordingly disposed off. Certified copy as per rules.

(PRANAY VERMA) JUDGE rashmi

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 21-Mar-23 5:57:48 PM