LAWS(MPH)-2015-7-50

PANKAJ YADAV Vs. STATE OF M.P.

Decided On July 14, 2015
Pankaj Yadav Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) SEEKING exception to an order dated 30.1.2015 passed by the writ Court in Writ Petition No. 17119/2014, this appeal has been filed under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nayapeeth Ko Appeal) Adhimyam, 2005.

(2.) THE appellant is presently holding the post of Junior Engineer in the respondent company and on 24.12.2001 the order was passed imposing stoppage of one increment with cumulative effect. The petitioner immediately preferred an appeal in the year 2002, but when the appeal was not decided writ petition was filed in 2014 i.e. after about 11 years seeking quashment of the order of punishment or direction to decide the appeal. The learned writ Court dismissed the writ petition on the ground of delay and laches.

(3.) LEARNED counsel for appellant points out that in a case where the punishment is of stoppage of increment with cumulative effect every month when the appellant receives the salary he receive less amount and thereby his right is adversely effected. This continues life long and even after retirement while receiving pension, he will receive less amount by virtue of punishment order. That being so, Shri Ajeet Singh, learned counsel for appellant argued that the learned writ Court lost sight of this fact, so he prays for interference in this appeal.