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Madhya Pradesh High Court

Chandra Kumar Shukla vs State Of M.P. on 5 October, 2020

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                                      1                                  WP-11179-2020
                                       The High Court Of Madhya Pradesh
                                                  WP-11179-2020
                                         (CHANDRA KUMAR SHUKLA AND OTHERS Vs STATE OF M.P. AND OTHERS)

                         1
                         Jabalpur, Dated : 05-10-2020
                                 Heard through Video Conferencing.
                                 Shri S.K. Soni, learned counsel for the petitioners.
                                 Shri Gaurav Tiwari, learned Panel Lawyer for the respondents/ State.

By the instant petition, the petitioners are challenging the orders dated 19.03.2020 (Annexure P/8), 19.07.2019 (Annexure P/9) and 19.07.2019 (Annexure P/10) whereby minor punishment has been inflicted upon the petitioners by withholding one annual increment of petitioner No.1 and two annual increments of petitioner Nos. 2 and 3 with non-cumulative effect.

The impugned orders have been assailed by the petitioners mainly on the ground that no specific reason has been assigned by the authority while passing the orders impugned and the same are vague and can be considered to be non-speaking orders.

Learned counsel for the petitioner submits that in an identical petitions, considering the same nature of orders under challenge, this Court has allowed the writ petition i.e. W.P. No. 4180/2020 (Triveni Prasad Mishra & Others v. The State of M.P. & Ors.) decided on 18.06.2020 setting aside the impugned order granting liberty to the respondents to pass appropriate order in accordance with law, if they so desire.

Learned Panel Lawyer for the respondents/State submits that in view of the order passed by the Co-ordinate Bench of this Court, this petition can also be disposed of granting liberty to the authority to pass appropriate and reasoned order.

Considering the above, this petition is allowed. The impugned orders dated 19.03.2020 (Annexure P/8), 19.07.2019 (Annexure P/9) and 19.07.2019 (Annexure P/10) are hereby set-aside granting liberty to the respondents that, if they so desire, they may pass fresh orders assigning reasons, in accordance with law.

Signature Not Verified SAN

With the aforesaid, this petition is disposed of.

Digitally signed by RAGHVENDRA SHRAN SHUKLA Date: 2020.10.05 16:58:49 IST

2 WP-11179-2020 (SANJAY DWIVEDI) JUDGE RAGHVENDRA Signature Not Verified SAN Digitally signed by RAGHVENDRA SHRAN SHUKLA Date: 2020.10.05 16:58:49 IST