Deced. Yashwant Kumar Thru. Lrs. ... vs Chief Manaing Director M.P. ...
2023 Latest Caselaw 19177 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 20 th OF NOVEMBER, 2023
                                              WRIT PETITION No. 5410 of 2013

                           BETWEEN:-
                           DECEASED - YASHWANT KUMAR S/O SHRI PRABHULAL
                           MEHTA, THE THEN JUNIOR ENGINEER MADHYA
                           PRADESH VIDYUT VITARAN COMPANY LIMITED,
                           MANDSAUR          CIRCLE,   THROUGH    (LEGAL
                           REPRESENTATIVE) HIS WIFE SMT. PREMLATA W/O
                           LATE SHRI YASHWANT KUMAR MEHTA, AGED - 51
                           Y E A R S , OCCUPATION: HOUSE WIFE, R/O - 4,
                           AGRASHREE,       VALLABH   COLONY,  MANDSAUR
                           (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI ANKIT KESHARWANI - ADVOCATE APPEARING ON BEHALF OF
                           SHRI AMITABH UPADHYAY - ADVOCATE.)

                           AND
                           1. CHIEF MANAGING DIRECTOR, MADHYA PRADESH
                           VIDYUT VITRAN COMPANY LIMITED, PASHCHIM
                           KSHETRA, INDORE (MADHYA PRADESH)
                           2. CHIEF ENGINEER, MADHYA PRADESH VIDYUT
                           VITRAN COMPANY LIMITED, PASHCHIM KSHETRA,
                           UJJAIN DIVISION (MADHYA PRADESH)
                           3. JOINT SECRETARY (II), MADHYA PRADESH VIDYUT
                           VITRAN COMPANY LIMITED, INDORE (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI PRASANNA PRASAD - ADVOCATE.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

Smt. Premlata wife of Late Shri Yashwant Kumar Mehta has filed this petition under Article 226 / 227 of the Constitution of India challenging order

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 11/24/2023 6:01:44 PM

dated 10.06.2004 whereby services of her husband Late Yashwant Kumar Mehta were terminated on account of his conviction in Criminal Special Case No.02 of 2002 vide judgment dated 16.04.2004 by learned Special Judge, Mandsaur for offence under Sections 7 read with Section 13 (2) and Section 7 read with Sections 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988.

2. During life time, Late Yashwant Kumar challenged the said conviction by way of Criminal Appeal No.458 of 2004 before this Court, vide judgment dated 25.07.3012 the appeal was allowed and judgment of conviction and sentence dated 16.04.2004 was set aside.

3. After the conviction and during pendency of above criminal appeal, vide order dated 10.06.2004, punishment of dismissal from services, as a major penalty was imposed on deceased Yashwant Kumar Mehta. Hence, this petition before this Court. The petitioner has challenged the impugned termination relying on the order passed in Writ Petition No.5499 of 2009 (S) in similar facts and circumstances.

4. The respondents - Madhya Pradesh Vidyut Vitaran Company Limited taken into consideration the only fact, that Mr. Mehta was subjected to trial for the offences punishable under the provisions of the Prevention of Corruption Act, 1988 and that made himself unfit for the services.

5. Thereafter acquittal from the High Court, this Yashwat Kumar Mehta expired on 15.11.2012. When his wife was not given any retiral benefits and compassionate appointment, she filed this petition challenging order dated 10.06.2004.

6. After notice, the respondents filed the reply by submitting that Special Police Establishment had preferred Special Leave to Appeal (Criminal) No.3790 Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 11/24/2023 6:01:44 PM

of 2013 before the Hon'ble Supreme Court, hence order passed by this Court has not attained finality and therefore, representation filed on behalf of Yashwant Kumar Mehta has not been decided and no benefit has been given to the petitioner. Now the SLP has been dismissed as abated on account of death of Mr. Mehta.

7. Late Yashwant Kumar Mehta was terminated from services vide order dated 03.09.1997 on account of his conviction. In similar facts and circumstances, this Court in Writ Petition No.5499 of 2009 decided on 20.05.2008 held that there is no interim order passed by the Apex Court in the matter of Special Leave Petition (SLP) and merely because SLP is pending before the Apex Court, it can never be said that the petitioner is still under conviction and accordingly set aside the order of termination. Therefore, the respondents have wrongly taken the stand in the reply that during pendency of the SLP filed by the respondent - Special Police Establishment before the Supreme Court, Mr. Yashwant Kumar Mehta passed away and he was never reinstated on roles or joined the services, hence no benefit can be given to the dependents of Late Yashwant Kumar Mehta.

8. Once this Court has taken the view that merely pendency of SLP will not come in the way and it does not operate as a stay or interim protection, then the order of termination of Mr. Yashwant Kumar Mehta is unsustainable and liable

to be set aside.

9. That Late Yashwant Kumar Mehta was terminated solely on the ground of his conviction by Special Court. No charge sheet was issued and no Departmental Enquiry was conducted against him, hence after setting aside the order of conviction, the order of termination is liable to be set aside.

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 11/24/2023 6:01:44 PM

10. Hence, in view of the aforesaid discussion, Writ Petition No.5410 of 2013 is allowed. Impugned order dated 10.06.2004 (Annexure P/1) is hereby set aside. Let Yashwant Kumar S/o Shri Prabhulal Mehta be treated to be in service. All the benefits admissible to the legal heirs / nominees / the petitioner be given within a period of sixty days, except back wages.

11. Accordingly, the petition is allowed.

Pending interlocutory application, if any, stands disposed off.

(VIVEK RUSIA) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 11/24/2023 6:01:44 PM