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Madhya Pradesh High Court · body

2011 DIGILAW 7 (MP)

Deewan Singh Aaloriya v. State of M. P.

2011-01-04

S.N.AGGARWAL

body2011
ORDER 1. All these three petitions are proposed to be taken up for final disposal by a common order as the questions of facts and law involved in all three of them are identical. 2. Mr. Devendra Choubey, learned Dy. Govt. Advocate, accepts notice on behalf of the respondents in all these three petitions. 3. With the consent of counsels for both the parties, these petitions have been taken up for final disposal at motion stage itself. 4. The petitioners in all these three petitions are stated to be employed in the Family Welfare Department of the Govt. of State of Madhya Pradesh. The Collector, District Morena (MP) vide office order dated 8.11.2010 (AnnexureP/2 at page 10 of the paper book) has ordered forfeiture of 15 days salaryof35 employees including the petitioners as they could not achieve fixed targets of sterilization. Aggrieved by the said order of the Collector, they have preferred an appeal before the appellate authority which is presently stated to be pending before the Commissioner, Chambal Sambhag, Morena. 5. Petitioner have prayed for stay of the impugned order of the Collector, District Morena before the appellate authority but the appellate authority being Commissioner, Chambal Sambhag, Morena vide impugned order dated 7.12.2010 (Annexure-P/1 at page 9 of the paper book) has declined to grant any stay. The petitioners aggrieved by the said interim order of the Commissioner, Chambal Sambhag, Morena, have filed these three separate petitions for intervention of the Court so that their salary as directed by the office order of the Collector in appeal may not be forfeited pending decision of their appeal. 6. Heard. 7. Having regard to the facts and circumstances of the case and the submissions made by counsel for the parties, all these three petitions are allowed. Impugned orders passed by the appellate authority dated 7.12.2010 are hereby set-aside. The appellate authority is directed to decide pending appeal as expeditiously as possible preferably within 2 months of receipt of certified copy of this order making it absolutely clear that the appeal pending before the appellate authority shall be decided on merits without being influenced by the order of this Court. However, no forfeiture of salary should be made by the concerned authorities from the salary of the petitioners till the decision of their appeal by the appellate authority. 8. However, no forfeiture of salary should be made by the concerned authorities from the salary of the petitioners till the decision of their appeal by the appellate authority. 8. A copy of this order be placed in the files of other two petitions which have also been disposed of by this common order.