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Madhya Pradesh High Court · body

2019 DIGILAW 519 (MP)

Ramveer Singh Yadav v. State of M. P.

2019-07-17

G.S.AHLUWALIA

body2019
ORDER 1. It is submitted by the counsel for the petitioner that the controversy involved in the present case is covered by the order dated 23.6.2017 passed by Coordinate Bench in W.P. No. 7329/2016. 2. Petitioner has filed this petition being aggrieved by the order dated 29.8.2016 passed by Engineerin-Chief, Water Resources Department, Bhopal whereby following punishment has been inflicted upon the petitioner:- ^^vr% ,rn~ }kjk vipkjh Jh ohjsUæ flag dks e/; Áns'k nSfud osru Hkksxh deZpkjh ¼lsok dh 'krsZ½ fu;e 2013 ds fu;e 10¼2½ ds varxZr fnukad 01-10-2016 ls fnukad 15-10-2016 rd lsok ls oafpr fd, tkus ds naM ls nafMr djrs gq, muds fo:) Ápfyr vuq'kklfud Ádj.k lekIr fd;k tkrk gSA fnukad 16-10-2016 ls os iqu% lsok esa lefiZr gksaxsA** 3. In the impugned order, it is mentioned that petitioner who is working as daily wager (Chowkidar) was found absent from his work w.e.f. 1.10.2016 to 8.10.2016. The aforesaid punishment has been inflicted in terms of M.P. Daink Vetan Bhogi Karmchari (Seva ki Sharte) Rule, 2013. It is mentioned that punishment is being inflicted under Rule, 10 (II) of the said Rules, 2013. Rule, 10 (II) of Rules, 2013 reads as under:- ^^¼2½ fuEufyf[kr d`R;ksa dks y?kq dnkpj.k dh Js.kh esa j[kk tk,xk & ¼d½ drZO; ij foyEc ls vkuk ¼[k½ fcuk lwpuk ds 10 ls de fnuksa ds fy, drZO; ls vuqifLFkr jgrk mij mfYyf[kr y?kq dnkpj.k esa ls fdlh ds fy, deZpkjh mldh etnwjh ls olwyh ds naM dk nk;h gksxk ;k mlds etnwjh dk Hkqxrku ugha fd;k tk,xkA** 4. Thus, it is apparent that the punishment which have been inflicted upon the petitioner could have been either to recovery of wages for the period of his absence from 1.10.2016 to 8.10.2016 or in case wages were not paid then he was not entitled for wages for the period of service from 1.10.2016 to 8.10.2016. However, Engineer-in-Chief, Water Resources Department, has passed impugned order inflicting penalty of depriving the petitioner from service w.e.f. 1.10.2016 to 8.10.2016. Such order could not have been passed by the Engineer-in-Chief as it is in violation of the provisions contained in rule 10 (II) of the Rules, 2013, therefore, impugned order Annexure P-6 is quashed.