Madhya Pradesh High Court

WP/13123/2023 of K.C. MALVIYA Vs THE STATE OF MADHYA PRADESH SCHOOL EDUCATION DEPARTMENT on 1 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESH

AT INDOREBEFORE

HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARION THE 1[st] OF FEBRUARY, 2024

WRIT PETITION No. 13123 of 2023

BETWEEN:-

K.C. MALVIYA S/O KUNWARLALJI MALVIYA, AGED 51YE A R S , OCCUPATION: PRINCIPAL, GOVT. HIGHSCHOOL, PALKHEDI TEHSIL AGAR, DISTRICT AGARMALWA (MADHYA PRADESH)

(SHRI ANAND AGRAWAL, COUNSEL FOR THE PETITIONER).

.....PETITIONER

.....RESPONDENTS

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

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ORDER

Heard on the question of admission.

In this petition under Article 226 of the Constitution of India, thepetitioner challenges the part of the order dated 10.04.2023 in so far as it relatesto non-payment of full salary inspite of the fact the petitioner has beenexonerated 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 thesubsistence allowance has been paid for the aforesaid period.

3 . Learned counsel for the petitioner relied on the judgment of theCoordinate Bench of this Court in the case of Mahesh Kumar Sharma v.s Chief General Manager MPMKVVKL : 2016 (III) MPWN 134 wherein itis held that where the petitioner was suspended and the departmental enquirywas conducted and subsequently the petitioner having been exonerated of thecharges, he is eligible for full salary for the period of suspension. He furtherpointed out that even if a minor penalty has been inflicted, then as per theFundamental Rule 54-B, the respondents are obliged to pay full salary for theperiod of suspension as has been held in the case of Y.S.Sachan vs. State ofM.P. & Ors : 2004(1) MPHT 22.

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

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

vidya

(S. A. DHARMADHIKARI)JUDGE

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