State of M.P. & another Vs. Vishnu Prasad Maran & another

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 1280 of 2020, Judgment Date: Jan 19, 2021

Law laid down - 

[1] Section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 - The Writ Court has taken a plausible view. No interference is warranted. Even if another view is possible, it cannot be a ground for interference.

[2] The Madhya Pradesh Civil Services (Classification, Control & Appeal) Rules, 1966 – Rule 10 – The punishment of “Censure”. The punishment enlisted in Rule 10 can be imposed on “existing government servants”. The said punishment cannot be imposed on a retired government servant.

[3] The Madhya Pradesh Civil Services (Pension) Rules, 1976 - Rule 8 & 9 - The punishments mentioned in Rule 8 can only be imposed on a retired government servant. The said punishment can be imposed if retired government servant is found to be guilty of “grave” misconduct. If punishment of “Censure”, the smallest punishment was imposed, it is clear that Governor was of the opinion that misconduct was not “grave”. Thus, while interfering with punishment order, matter is not remitted back for imposing the punishment under the Pension Rules.

[4] Article 21 of Constitution of India - Unreasonable, unexplained and improper delay in initiating, conducting and concluding the enquiry hits fundamental rights. Enquiry can be set aside on this ground alone. [5] Interpretation of Statute - If a statute prescribes a thing to be done in a particular manner, it has to be done in the same manner and other methods are forbidden.

[6] Interest on delayed payment of retiral dues – Delay in making the payment of retiral dues is solely attributable to the department, employee would be entitled to get interest on such payment.

State of M.P. & another Vs. Vishnu Prasad Maran & another