Ram Dayal Sharma vs M.P.State Beej Avam Farm & Ors.
2024 Latest Caselaw 14026 MP

Madhya Pradesh High Court

Ram Dayal Sharma vs M.P.State Beej Avam Farm & Ors. on 13 May, 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 13 th OF MAY, 2024
                                          WRIT PET. (SERVICE) No. 5294 of 2005

                           BETWEEN:-
                           RAM DAYAL SHARMA, AGED ABOUT 44 YEARS, SON OF
                           SHRI RAMROOP SHARMA, WORKING AS JUNIOR
                           PRODUCTION ASSISTANT, REGIONAL OFFICE, M.P.
                           STATE BEEJ AVAM FARM VIKAS NIGAM, SATNA,
                           DISTRICT SATNA (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (BY SHRI PRAVEEN DUBEY - ADVOCATE)

                           AND
                           1. M.P.STATE BEEJ AVAM FARM VIKAS NIGAM,
                           THROUGH ITS MANAGING DIRECTOR, E-88-A, ARERA
                           COLONY, BHOPAL (MADHYA PRADESH).

                           2. THE REGIONAL MANAGER, REGIONAL OFFICE, M.P.
                           STATE BEEJ AVAM FARM VIKAS NIGAM, SATNA,
                           DISTRICT SATNA (MADHYA PRADESH).

                           3. THE CHAIRMAN, M.P. STATE BEEJ AVAM FARM
                           VIKAS NIGAM, BHOPAL E-88 A, ARERA COLONY,
                           BHOPAL (MADHYA PRADESH).

                                                                                  .....RESPONDENTS
                           (BY SHRI AJAY MISHRA - SENIOR ADVOCATE ASSISTED BY SHRI ARPIT
                           TIWARI - ADVOCATE)



                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:


                                                            ORDER

Petitioner is aggrieved of the order dated 27.09.2004, passed by the

Managing Director of Madhya Pradesh State Seed and Farm Development Corporation, Bhopal, whereby, a recovery of sum of Rs.56,301/- has been imposed on the petitioner and it was directed to be recovered in the form of 1/3rd of the salary of the petitioner per month.

2. Petitioner's contention is that show cause notice Annx.P/7 was issued to him on 16.03.2004, asking him to show cause that why there was shortage of production than the average production, causing loss to the tune of Rs.56,301/- .

3. Petitioner had filed reply as contained in Annx.P/8, on 13.04.2004 and had given various reasons for the shortfall including the climatic impact.

4. It is submitted that in the light of the law laid down by Supreme Court in O.K. Bhardwaj Vs. Union of India and others [(2001) 9 SCC 180], the proposition of law is that if the charges are factual and if they are denied by the delinquent employee, an enquiry should also be called for. This is the minimum requirement of the principle of natural justice and the said requirement cannot be dispensed with.

5. Though, Shri Ajay Mishra, learned Senior Advocate assisted by Shri Arpit Tiwari, Advocate, disputes this proposition, but law is crystal clear and the authorities were required to follow the judgment of Supreme Court.

6. In view of said facts, impugned order of punishment is hereby quashed. However, liberty is granted in favour of the respondents to institute a proper departmental enquiry from the stage of receiving the reply of the petitioner, which is already on record and conclude it within a period of six months and take decision afresh, in accordance with law, on the basis of the said equiry.

7. In above terms, petition is disposed of.

(VIVEK AGARWAL) JUDGE A.Praj.