Madhya Pradesh High Court
Smt. Savita Chourasia vs The State Of Madhya Pradesh on 15 September, 2020
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-4366-2020
The High Court Of Madhya Pradesh
WP-4366-2020
(SMT. SAVITA CHOURASIA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 15-09-2020
Heard through Video Conferencing.
Shri L.C. Chaurasiya, Advocate for the petitioner.
Shri Anvesh Shrivastava, Panel Lawyer for the respondents/State.
By the instant petition, the petitioner has assailed the validity of the order dated 11.02.2020 (Annexure-P/3) whereby respondent No.4 in reference to the order dated 07.02.2020 passed by the Commissioner, Public Instructions, intimated to the respective Principals of Shankul that punishment of withholding annual increment with non-cumulative effect has been inflicted upon several persons including the present petitioner.
As per the learned counsel for the respondents since the basic order dated 07.02.2020 issued by the Commissioner, Public Instructions has not been challenged, this petition is not maintainable and can be dismissed on this ground alone.
Indisputably, this Court in number of petitions has dealt with this issue wherein challenge was made to the order issued by the Commissioner, Public Instructions on 07.02.2020 inflicting the punishment of withholding of annual increments for the reason that in consequence of not getting the proper result, it was gathered that the Principal has been found guilty as they have shown poor performance and therefore punished accordingly. The said order was held illegal and was set aside by the Coordinate Bench of this Court in W.P.No.4180/2020 (Triveni Prasad Mishra & Others v. The State of M.P. & Ors.) vide order dated 18.06.2020 and a liberty was granted to the respondents to pass appropriate order in accordance with law, if they so desire.
With a view to avoid any further litigation and in view of the aforesaid Signature Not Verified SAN existing legal position, this petition is allowed and the order of inflicting Digitally signed by SUDESH KUMAR SHUKLA Date: 2020.09.22 14:33:40 IST 2 WP-4366-2020 punishment upon the petitioner is set aside giving liberty to the respondents to pass a fresh order, if they so desire in accordance with law.
The petition is accordingly allowed with the aforesaid liberty.
(SANJAY DWIVEDI) JUDGE Sudesh Signature Not Verified SAN Digitally signed by SUDESH KUMAR SHUKLA Date: 2020.09.22 14:33:40 IST