Chandraprakash Kshetre vs Forest Department
2023 Latest Caselaw 4247 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. 14394 of 2019

                          BETWEEN:-
                          CHANDRAPRAKASH KSHETRE S/O ARJUNSINGH, AGED
                          ABOUT 40 YEARS, OCCUPATION: FOREST GAURD
                          AYODHYA VIHAR COLONY, BISTAN ROAD, (MADHYA
                          PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI K.P. MOHAN - ADVOCATE )

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

                          2.    DIVISIONAL   FOREST  OFFICER FOREST
                                D EPARTM EN T KHARGONE SAMANYA VAN
                                MANDAL , DISTRICT-KHARGONE (MADHYA
                                PRADESH)

                          3.    DISTRICT   PENSION   OFFICER    FINANCE
                                DEPARTM ENT KHARGONE (DIVISION INDORE)
                                DIST, KHARGONE (MADHYA PRADESH)

                          4.    DISTRICT   TREASURY OFFICER     (PENSION)
                                FINANCE DEPARTMENT OFFICE OF TREASURER,
                                DIST, KHARGONE (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI K. 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

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

dated 06.05.2019 and 14.06.2019 whereby not only pay scale has been reduced but direction to recover total Rs. 50118/- by way of 92 EMI from Month 9/2019 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 Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 21-Mar-23 5:57:48 PM

set aside. Matter is remitted back to the respondents to pass fresh order after giving opportunity of hearing to the petitioner.

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