Shivcharitra Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 5008 MP

                                                                          1
                                         IN    THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                             ON THE 28 th OF MARCH, 2023
                                                          WRIT PETITION No. 15069 of 2018

                                        BETWEEN:-
                                        SHIVCHARITRA TIWARI S/O LATE SHRI RAM AVTAR
                                        TIWARI, AGED ABOUT 70 YEARS, OCCUPATION:
                                        RETIRED TIME KEEPER VILLAGE BHELKI, TEHSIL
                                        CHURHAT, DISTT. SIDHI (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                        (IN PERSON)

                                        AND
                                        1.    THE STATE OF MADHYA PRADESH THROUGH
                                              THE PRINCIPAL SECRETARY PUBLIC WORK
                                              DEPARTMENT VALLABH BHAWAN (MADHYA
                                              PRADESH)

                                        2.    SUB DIVISIONAL OFFICER PUBLIC WORKS
                                              DEPARTMENT NATIONAL HIGHWAY SUB DIVISIN
                                              SIDHI (MADHYA PRADESH)

                                        3.    THE DISTRICT TREASURY OFFICER SIDHI DISTT-
                                              SIDHI (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                        (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

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

Lawyers are abstaining from work.

There is no representation on behalf of the petitioner and there is direct Signature Not Verified SAN

violation of the order(s) dated 24.03.2023 passed by Hon'ble the Division Digitally signed by ASHWANI PRAJAPATI

Bench of this Court in Writ Petition No.7295/2023 [In reference (Suo Motu) Date: 2023.03.28 19:03:15 IST

Vs. Chairman, State Bar Council of Madhya Pradesh and others], wherein following directions have been issued to the Members of the Bar Association :-

"(i) All the advocates throughout the State of Madhya Pradesh are hereby directed to attend to their court work forthwith. They shall represent their clients in the respective cases before the the respective courts forthwith;

(ii) If any lawyer deliberately avoids to attend the court, it shall be presumed that there is disobedience of this order and he will be faced with serious consequences including initiation of proceedings for contempt of court under the Contempt of Courts Act;

(iii) If any lawyer prevents any other lawyer from attending the court work, the same would be considered as disobedience of these directions and he will be faced with serious consequences including initiation of proceedings under the Contempt of Courts Act;

(iv) Each of the judicial officers are directed to submit a report as t o which lawyer has deliberately abstained from attending the court;

( v ) The judicial officers shall also mention the names of advocates who have prevented other advocates from entering the court premises or from conducting their case in the court;

(vi) Such advocates shall be dealt with seriously which may even include proceedings under the Contempt Courts Act as well as being debarred from practice."

As nobody is appearing for the petitioner, issue show cause notice by ordinary mode as well as registered A.D. post, against petitioner's counsel Shri Rajendra Prasad Gupta, Shri Satendra Kumar Gupta, as to why the contempt proceedings be not initiated against them for deliberately and willfully not complying with the orders(s) of Hon'ble the Division Bench of this Court dated Signature Not Verified SAN 24.03.2023 passed in Writ Petition No.7295/2023 [In reference (Suo Motu) Digitally signed by ASHWANI PRAJAPATI Date: 2023.03.28 19:03:15 IST Vs. Chairman, State Bar Council of Madhya Pradesh and others]. Steps

be taken within seven days.

Petitioner was working as Time Keeper in the respondent department. Petitioner attained age of superannuation on 30.06.2009. Thereafter, an excess amount of payment is sought to be recovered as is apparent from Annx.C/1, on account of excess payment made from 01.07.2007 to 30.06.2009. In support, an undertaking obtained on 17.01.2019 is annexed as Annx.C/3.

However, learned counsel for respondents is not in a position to show that how an undertaking obtained on 17.01.2009, almost after nine and half years of superannuation of the petitioner, will be binding on the petitioner and how recovery can be made. Prima facie action of the respondents appears to be arbitrary and illegal in the light of the judgment of Hon'ble Supreme Court in State of Punjab & others Vs. Rafiq Masih (White Washer) and others [(2015) 4 SCC 334].

Therefore, recovery is quashed. It is directed that all the dues as are mentioned in Annx.C/1 and also the amount of recovery which has been quashed, will be payable to the petitioner within thirty days from today along with interest @ 8% per annum from the date, when the dues became payable i.e. on the eve of the retirement i.e. 30.6.2009, till the date of actual payment.

Respondents will be entitled to recover the interest from the erring officials of the department.

In above terms, petition is allowed and disposed of.

(VIVEK AGARWAL) Signature Not Verified JUDGE SAN A.Praj.

Digitally signed by ASHWANI PRAJAPATI Date: 2023.03.28 19:03:15 IST