Ashok Kumar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 4494 MP

                               1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                   ON THE 21 st OF MARCH, 2023
                 WRIT PETITION No. 10495 of 2018

BETWEEN:-
1.    ASHOK KUMAR SHARMA S/O SHRI PRAKASH
      CHANDRA SHARMA, AGED ABOUT 59 YEARS,
      OCCUPATION: SERVICE PRIMARY SCHOOL
      SAHARANA, SANKUL KENDRA GOVT. HIGH
      SCHOOL NITHEHARA, BLCOK JOURA (MADHYA
      PRADESH)

2.    MURARILAL DIXIT S/O BRANDAWAN LAL DIXIT,
      AGED ABOUT 52 YEARS, OCCUPATION: SERVICE
      ASSISTANT TEACHER AT PRIMARY SCHOOL
      KALINDE KA PURA SANKUL KENDRA GOVT.
      HIGHER   SECONDARY     SCHOOL   BANMOR
      (MADHYA PRADESH)

                                                         .....PETITIONER
(BY SHRI G.S SHARMA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH :
      PRINCIPAL SECRETARY DEPTT. OF SCHOOL
      EDUCATION, VALLABH BHAWAN, BHOPAL
      (MADHYA PRADESH)

2.    THE  COLLECTOR, MORENA DISTT. MORENA
      (MADHYA PRADESH)

3.    THE DISTRICT EDUCATION OFFICER          DISTT.
      MORENA (MADHYA PRADESH)

                                                       .....RESPONDENTS
(BY SHRI N.S.TOMAR - GOVT. ADVOCATE)

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

The petitioners have filed the present petition praying for quashment of the order dated 23.04.2018 passed by respondent No.2, whereby, punishment of withdrawing the one increment of petitioner No.1 and two increments of petitioner No.2 with non cumulative effect has been imposed.

Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the order passed by coordinate Bench of this Court in W.P.No.10491 of 2018 on 11.09.2019 wherein, under similar circumstances while quashing the punishment order of stoppage of two increments with non cumulative effect, liberty was extended to the authorities to conduct detailed inquiry into the matter from the stage of reply to the show

cause notice providing opportunity of hearing to the petitioners. He therefore, prays that the petition filed by the petitioners may be disposed of in light of the last para of the judgment passed in W.P.No.10491 of 2018 on 11.09.2019.

Learned Govt. Advocate candidly admits that the case of petitioners is covered by the aforesaid order of the coordinate Bench and he has no objection if respondents are directed to consider and decide the case of the petitioners in the light of the judgment passed in W.P.No.10491 of 2018.

The petition is allowed, the orders dated 26.04.2018 and 23.04.208 are hereby quashed. However, liberty is extended to the authorities to conduct detailed inquiry into the matter from the stage of reply to the show cause notice providing opportunity of hearing to the petitioners.

Accordingly, the petition is disposed of without any order as to the costs.

Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Rks

RAM KUMAR SHARMA 2023.03.21 18:47:28 +05'30'