DIWAKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition praying for a direction to respondent No.4 to release the entire salary of his suspension period from 16/10/2015 to 02/03/2016 as per the order dated 09/08/2016 as well as to pay the salary to the petitioner w.e.f. 02/03/2016 to till date.

(2.) Brief facts of the case are that the petitioner was initially appointed on the post of Rural Agriculture Extension Officer. A show cause notice was issued to the petitioner on 16/09/2015 for his absence from the duty on 11/09/2015. The petitioner was on leave on 10/09/2015 and 11/09/2015 which was duly sanctioned by the Deputy Director on 16/09/2015. As the petitioner was absent on that date, he was placed under suspension by respondent No.3 on 16/10/2015. Thereafter, a charge-sheet was issued to the petitioner and departmental enquiry was initiated against him. The petitioner was sent to the office of respondent No.4 during suspension period. During pendency of departmental enquiry, respondent No.3 had passed the order dated 02/03/2016 thereby revoking the order of suspension and posted the petitioner to some other office. Thereafter the petitioner went on medical leave from 04/03/2016, when he was declared fit to join the duties on 20/04/2016, then he joined on 21/04/2016. Respondent No.4 vide order dated 22/04/2016 has sanctioned the medical leave of the petitioner for 48 days. In the meanwhile, departmental enquiry initiated against the petitioner was completed and punishment of warning was imposed on the petitioner and has further directed to pay the entire salary of the petitioner of the suspension period treating the suspension period as working period for all purposes. However, even though the order of suspension was revoked and an order was passed treating the entire period of suspension as working period for all purposes, the respondent No.4 has not paid the salary of the petitioner for the said period as well as from 20/04/2016 to till date. The petitioner has, therefore, submitted number of representations to the respondents. However, no action has been taken in the matter, the petitioner has filed the present petition.

(3.) The respondents have filed their reply and in the reply, respondents have stated that salary regarding the suspension period from 16/10/2016 to 02/03/2016 has been paid to the petitioner on 19/10/2016. So far as the payment of salary from 02/03/2016 to till date is concerned, respondents have stated that as the petitioner has not joined at his new place of posting at Jawa even after the expiry of the leave period from 22/10/2016, he was rightly denied the benefit of salary. It has further submitted that as soon as the petitioner give his joining at Jawa, he will pay the salary from that date, he gives his joining in accordance with the rules will be considered by the competent authority.