MAHMOODAN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal against the order dated 28-9-2007 passed by the learned single Judge in Writ Petition No. 12876/2007 (S ).

(2.) THE relevant facts briefly are that the appellant has been working as investigator in the office of Block Education Officer, Rewa. The District education Officer, Rewa suspended the appellant as well as other persons who were found absent from duty. The appellant was also re-instated in service by order dated 17-3-2006. Thereafter disciplinary proceeding was initiated against her and after enquiry the District Education Officer, Rewa passed an order dated 23-2-2007 holding that the charge against the appellant was found proved and she was not entitled for pay and allowances during the period of her suspension on the principle of "no work no pay". Aggrieved, the appellant filed writ Petition No. 12876/2007 (S) and contended that the District Education officer, Rewa could not have directed that the appellant will not be entitled to pay and allowances during the period of suspension on the principle of "no work no pay". In the impugned order, the learned Single Judge found that against the order dated 23-2-2007 passed by the District Education Officer, Rewa, the appellant filed an appeal before the Joint Director, Public Instructions, Rewa division which is still pending and directed the Joint Director, Public instructions, Rewa Division to decide the appeal of the appellant within a period of two months by passing a speaking order.

(3.) MR. Dilip Pandey, learned Counsel for the appellant submitted that the writ petition of the appellant was directed only against the direction in the order dated 23-2-2007 of the District Education Officer, Rewa that the appellant will not be entitled to pay and allowances during the period of suspension on the principle of "no work no pay" and against this direction no appeal was available under Rule 23 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (in short "the Rules of 1966")and, therefore, the Joint Director, Public Instructions, Rewa Division had no authority to decide the question whether the District Education Officer, Rewa could have directed that the appellant will not be entitled to pay and allowances during the period of suspension on the principle of "no work no pay".