K.C. Malviya vs The State Of Madhya Pradesh School ...
2024 Latest Caselaw 3019 MP

Madhya Pradesh High Court

K.C. Malviya vs The State Of Madhya Pradesh School ... on 1 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                 BEFORE
                          HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                               ON THE 1 st OF FEBRUARY, 2024
                                              WRIT PETITION No. 13123 of 2023

                         BETWEEN:-
                         K.C. MALVIYA S/O KUNWARLALJI MALVIYA, AGED 51
                         Y E A R S , OCCUPATION: PRINCIPAL, GOVT. HIGH
                         SCHOOL, PALKHEDI TEHSIL AGAR, DISTRICT AGAR
                         MALWA (MADHYA PRADESH)

                                                                                           .....PETITIONER
                         (SHRI ANAND AGRAWAL, COUNSEL FOR THE PETITIONER).

                         AND
                         1.    THE STATE OF MADHYA PRADESH SCHOOL
                               EDUCATION DEPARTMENT THROUGH PRINCIPAL
                               SECRETARY MANTRALAYA, DISTRICT BHOPAL.
                               (MADHYA PRADESH)

                         2.    COMMISSIONER UJJAIN DIVISION KOTHI ROAD,
                               UJJAIN (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                         (MS. PRANJALI YAJURVEDI, PANEL LAWYER FOR THE
                         RESPONDENTS/STATE).

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

Heard on the question of admission.

In this petition under Article 226 of the Constitution of India, the petitioner challenges the part of the order dated 10.04.2023 in so far as it relates to non-payment of full salary inspite of the fact the petitioner has been exonerated of the charges in question.

2. By the impugned order, the full salary of the petitioner for the period

of suspension from 20.03.2020 to 08.09.2020 has been withheld and only the subsistence allowance has been paid for the aforesaid period.

3. Learned counsel for the petitioner relied on the judgment of the Coordinate Bench of this Court in the case of Mahesh Kumar Sharma v.s Chief General Manager MPMKVVKL : 2016 (III) MPWN 134 wherein it is held that where the petitioner was suspended and the departmental enquiry was conducted and subsequently the petitioner having been exonerated of the charges, he is eligible for full salary for the period of suspension. He further pointed out that even if a minor penalty has been inflicted, then as per the Fundamental Rule 54-B, the respondents are obliged to pay full salary for the

period of suspension as has been held in the case of Y.S.Sachan vs. State of M.P. & Ors : 2004(1) MPHT 22.

4. On perusal of the record, it is seen that the instant case is covered by the judgment passed in case of Y.S.Sachan (supra). Accordingly, the petition is allowed. The respondents are directed to pay full salary to the petitioner for the period of suspension i.e. from 20.03.2020 to 08.09.2020 less the subsistence allowance which has already been paid to the petitioner. The aforesaid exercise be completed within a period of 60 days from the date of receipt of certified copy of this order.

5. With the aforesaid direction, petition stands disposed of.

(S. A. DHARMADHIKARI) JUDGE vidya