STATE OF M P Vs. SHAILENDRA

JUDGEMENT

(1.) By filing this writ appeal the appellants have challenged the order dated 13-5-2008 passed by the learned Single Judge of this Court in Writ Petition No. 7434/2006 (s).

(2.) Brief facts necessary for disposal of this writ appeal are that the respondent was working on the post of Sub-Engineer in the Energy Department of the State Government. He was suspended on 22-12-2001 for the misconduct. Thereafter, a charge-sheet about major misconduct was issued to him on 2-2-2002. After holding departmental enquiry he was inflicted with the penalty of withholding of two increments without cumulative effect under Rule 10 of the M. P. Civil Services (Classification Control and Appeal) Rules, 1966. The respondent submitted a representation claiming full salary of the suspension period (22-12-2001 to 29-4-2005). When no order was passed on his representation he approached this Court by filing a Writ Petition No. 3475/2006 (s). The said writ petition was disposed of by a learned Single Judge vide order dated 11-8-2006 directing the appellants herein to consider the respondent's prayer for grant of full salary during the period of suspension and pass a reasoned order keeping in view the law laid down by this Court in the case of Y. S. Sachan vs. State ofM. P. and others, 2003 4 MPLJ 219.

(3.) In pursuance to the aforesaid directions issued by this Court the respondent's representation was considered by the appellants and vide order dated 26-10-2006 the same was rejected by holding that during the said period of suspension the respondent was not present at the Headquarter, Ratlam fixed while suspending him. The said order dated 26-10-2006 was assailed by the respondent by filing Writ Petition No. 7434/2006 (s).