YOGENDRA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition, praying for a direction to the respondents to pay him subsistence allowance from the date of order of suspension and continue to pay him the subsistence allowance every month. By way of amendment, he has also prayed for a direction to revoke his suspension.

(2.) The facts necessary for decision of this case are that the petitioner was initially appointed as Panchayat Secretary on 22/5/2009. At the relevant time, he was posted on the said post in Gram Panchayat Bagra Sagor, Janpad Panchayat Karera, District Shivpuri. A criminal case was registered against him at Police Station Amola for the offences punishable under Sec. 294, 323, 342, 506, 302 and 34 of IPC as also under certain provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In connection with the aforesaid crime, the petitioner was arrested on 14/5/2019 and was later on released on bail on 18/8/2022.

(3.) On account of his arrest in the criminal case, he was placed under suspension by the Chief Executive Officer, Jila Panchayat, Shivpuri, vide order dtd. 28/6/2019 (Annexure P/1). The petitioner was however, not paid any subsistence allowance from the date of suspension. After having released on bail, the petitioner submitted a representation before respondent no.2 and 3 on 16/9/2022 and 19/9/2022 (Annexure P/3) requesting for release of subsistence allowance from the date of suspension. Dealing with aforesaid representation of the petitioner, the Chief Executive Officer, Jila Panchayat, Shivpuri passed an order on 23/12/2022, thereby directing the payment of subsistence allowance to the petitioner with effect from 18/8/2022, i.e. the date when he was enlarged on bail. The petitioner is thus aggrieved by the denial of payment of subsistence allowance to him from the date of suspension till he was released on bail.