Rajendra Kumar Vidua vs The State Of Madhya Pradesh
2024 Latest Caselaw 5963 MP

Madhya Pradesh High Court

Rajendra Kumar Vidua vs The State Of Madhya Pradesh on 27 February, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 27 th OF FEBRUARY, 2024
                                             WRIT PETITION No. 3682 of 2024

                           BETWEEN:-
                           RAJENDRA KUMAR VIDUA S/O SHRI NATHURAM
                           BIDUA, AGED ABOUT 70 YEARS, OCCUPATION:
                           RETIRED EMPLOYEE R/O VILLAGE NAGUWAN KHAS,
                           TEHSIL   PRATHVIPUR,  DISTRICT  TIKAMGARH
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI ASHISH KUMAR KURMI - ADVOCATE )

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

                           2.    JOINT COMMISSIONER COOPERATIVE AND
                                 REGISTRAR   COOPERATIVE  SOCITIES M.P.
                                 VINDHYANCHAL BHAWAN BHOPAL (MADHYA
                                 PRADESH)

                           3.    JOINT COMMISSIONER COOPERATIVE SAGAR
                                 DIVISION SAGAR (MADHYA PRADESH)

                           4.    JOINT REGISTRAR COOPERATIVE TIKAMGARH
                                 DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI VIVEK SHARMA - DY. ADVOCATE GENERAL )

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

Petitioner's contention is that petitioner was subjected to a criminal

proceedings in relation to which RCT No. 200087 of 2005 was instituted in the Court of JMFC, Niwadi District Tikamgarh. It is submitted that petitioner has been acquitted in the said case vide judgment dated 11.10.2021 acquitting him of the charges under Section 420, 419, 468 of IPC.

It is submitted that petitioner's gratuity was withheld on the pretext that as per the outcome of the Criminal Case, if petitioner is acquitted, then it will be paid.

Petitioner contention is that despite acquittal, gratuity is not being paid. Petitioner has already made a representation to the Joint Registrar, Co-operative Societies, Sagar to take a decision and pay the held up amount of gratuity.

Accordingly, this writ petition can be disposed of with a direction that if the petitioner files a fresh representation within a period of 15 days from today alongwith certified copy of this order then the competent authority, shall consider and decide such representation within a further period of sixty days in accordance with law through a speaking order under communication to the petitioner.

This Court has not expressed any opinion on the merits of the case. It is made clear that, financial condition of the Bank cannot be a ground to withhold gratuity of a retired employee, that ground is not sustainable and therefore, the Bank is obliged to back borrower steal but pay the gratuity of the petitioner within the aforesaid period, if it is admissible in accordance with law.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE AR