Khalak Singh Raj vs M.P. State Bhandar Grih Nigam

Sujoy Paul, J.—With the consent of parties matter is finally heard. The singular point raised by the learned counsel for the petitioner is that he was subjected to major penalty/disciplinary proceedings by Annexure P/3 dated 26.06.2010, but ultimately inflicted with a minor punishment of "censure", therefore, he is entitled for full pay and allowances for the suspension period and the said period is required to be treated as a period spent on duty. Shri Shrivastava relied upon the circular of State Government dated 13.01.2005, Annexure P/7, and also relied on the judgment in the case of Y.S. Sachan Vs. State of Madhya Pradesh and Others,

Smt. Pachauri supported the order Annexure P/1.

I have heard both the parties and perused the record.

In the considered opinion of this Court, the point involved in this matter is no more res integra. As per circular Annexure P/7 and the judgment of Y.S. Sachan (supra), it is clear that the petitioner is entitled for pay and allowances for the period of suspension because he is inflicted with a minor punishment. Ratio of Y.S. Sachan (supra) is recently considered by the Devision Bench of this Court in State of M.P. and another Vs. Shailendra, and the said view is affirmed.

Consequently, the petition deserves to be allowed. Annexure P/1 dated 06.06.2012 is set aside to the extent the petitioner was deprived from the pay and allowances for the suspension period. The respondents are directed to pay full pay and allowances to the petitioner for the period of suspension within 90 days from the date of production of certified copy of this order. No costs. Petition stands allowed.