MP HC | Period of suspension for disciplinary proceedings to be treated as “no work no pay”; appeal against order sustained

Madhya Pradesh High Court: G.S. Ahluwalia, J. contemplated a writ petition under Article 226 of the Constitution of India, where the petition sought the total salary from the date of suspension i.e. 03-12-2016 to 28-06-2018 to be paid along with quashing of an order passed earlier.

The counsel for the petitioner submitted that petitioner worked as Panchayat Secretary in Gram Panchayat Khatakiya, and was placed under suspension by an order passed in 2016 and since the charge sheet was not issued within the period of 45/90 days of the suspension order therefore by a subsequent order the suspension of the petitioner was revoked. However, full salary for the period of suspension had not been paid to the petitioner although he had been paid subsistence allowance. Subsequently, a charge sheet was served in 2017 a penalty of stoppage of one increment for a period of one year without cumulative effect was imposed and it had been held that the period of suspension shall be treated as “No work no pay” and the petitioner shall not be entitled to any other salary.

Against the order passed by the disciplinary authority, the petitioner had  filed an appeal before the Commissioner, Gwalior Division, which was returned back with a direction to the petitioner to present the same before the competent authority and accordingly the petitioner had filed an appeal before the Commissioner, Panchayat Raj, Madhya Pradesh which was  pending. It was submitted that as the appeal was pending, therefore, the petitioner was suffering from financial loss and under these circumstances, the appellate authority/Respondent 2 may be directed to decide the appeal as early as possible without any delay.

It was directed by the Court to consider the appeal of the petitioner as early as possible because of the losses he was suffering from.[Deewan Singh Kushwah v. State of M.P, 2019 SCC OnLine MP 1274, decided on 01-04-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.