Kalka Prasad vs State Of Madhya Pradesh And Others

Jai Kumar Pillai, J

The present petition has been filed by the petitioner challenging the suspension order dated 31.07.2023 (Annexure P/1). It is the case of the petitioner that pursuant to a case registered under section 138 of the N.I. Act and conviction thereafter, was placed under suspension, however, the said conviction was subjected to challenge in an appeal wherein the conviction was affirmed by the appellate court and now he has been enlarged on bail vide order dated 05.10.2023 on filing a revision by the petitioner. Thereafter the petitioner against his suspension dated 31.7.2023 has made representation before the authorities Annexure P/6 dated 09.10.2025 contending therein that he has been enlarged on bail on 5.10.2023 and accordingly, the suspension order dated 31.07.023 be revoked and he may be taken back into service. It is also the case of the petitioner that the entire case does not involve any moral turpitude and therefore, the respondents should have taken into consideration that said fact and ought to have revoked the suspension which suspension was on the basis of conviction under N.I. Act.

Considering the totality of the facts and circumstances of the case, without entering into merits of the entitlement of the petitioner, since the petitioner has been enlarged on bail on 05.10.2023, the respondent No.2 is directed to consider the case of the petitioner for revocation of suspension in view of the entire matter and particularly the petitioner being enlarged on bail on 05.10.2023. It has been pointed out by the petitioner that the Joint Collector/respondent No.2 has already forwarded his representation before respondent No.3, who is the competent authority to revoke the suspension of the petitioner. Accordingly, it is directed that the respondent No.3 shall take into consideration the facts mentioned hereinabove and take a final decision to revoke the suspension of the petitioner within a period of 60 days from the date of receipt of certified copy of this order.

The petitioner has also made a prayer that during the period of suspension he was entitled for 75% of the increased subsistence allowance to be paid beyond the period of 90 days from the date of suspension. The said aspect shall also be taken into consideration while considering the case of the petitioner for revocation.

Needless to mention that if the respondents find any legal impediment in revoking the suspension, the respondent shall be under obligation to assign cogent reasons and communicate the same to the petitioner within the aforesaid period. However, while doing so, if for any reasons the respondents find that the suspension is not to be revoked, the respondents are directed to pay the increased subsistence allowance of 75% to the petitioner for which he was eligible to get beyond the period of 90 days from the date of suspension.

With the said observation, petition stands disposed off.