Madhya Pradesh High Court
The State Of Madhya Pradesh vs P.N. Raikwar on 18 December, 2018
1 WA-968-2018
The High Court Of Madhya Pradesh
WA-968-2018
(THE STATE OF MADHYA PRADESH Vs P.N. RAIKWAR)
Jabalpur, Dated : 18-12-2018
Shri Amit Seth, Government Advocate for the appellant/State.
Shri Ramakant Awasthi, Advocate for the respondent.
Heard on I.A. No. 8967/2018.
This is an application for condonation of delay in filing the appeal.
As per office calculation, appeal is barred by 196 days. For the reasons stated in the application, we are satisfied that good and sufficient cause is made out to condone the delay.
Accordingly I.A. No. 8967/2018 stands allowed and disposed of.
Delay in filing the appeal is hereby condoned. Also heard on the merit of the appeal.
This order shall also govern the disposal of Writ Appeal Nos.
1144/2017, 1146/2017 and W.A. No. 994/2018.
For the sake of convenience, we have noticed the facts from W.A. No. 968/2018.
The respondent was inflicted with a penalty of withholding of three annual increments with cumulative effect in the Departmental Enquiry. The punishment order was challenged in the writ petition before the learned Single Judge.
Before the learned Single Judge, the State took an objection that without exhausting the alternative remedy of appeal as provided under Rule 23 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, against the order of punishment, the writ Digitally signed by SATYA SAI RAO Date: 19/12/2018 15:29:24 2 WA-968-2018 petition was not maintainable. Learned Single Judge has overruled the objection holding that since the order of punishment was issued by and in the name of the Governor, therefore, it was an order passed by the Governor hence no appeal would lie against the punishment order before the Governor. On this premise, the writ petition was allowed.
Being aggrieved, the State come up in appeal. The Division Bench noticed that there were divergent views, therefore, the matter was referred to the Full Bench. The Full Bench by order dated 11.10.2018 has held that authentication of the punishment order in the name of Governor is in fact an order of the State Government against which an appeal would lie to the Governor.
In view of the decision of the Full Bench, we are of the considered opinion that the appeal preferred by the State Government deserves to be allowed and the direction of the learned Single Judge for the delinquent employee to avail the remedy of review under Rule 29 of the 1966 Rules is hereby set aside.
In view of the aforesaid decision, we direct that in case respondent prefers an appeal within a period of 30 days from the date of this order along with certified copy of this order, the Appellate Authority shall entertain and decide the appeal on merit without going into the question of limitation.
Writ Appeal is accordingly disposed of.
Let a copy of this order be retained in the file of connected Writ Appeal Nos. 1144/2017, 1146/2017 and W.A. No. 994/2018.
(S.K. SETH) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
rao
Digitally signed by SATYA SAI RAO
Date: 19/12/2018 15:29:24
3 WA-968-2018
Digitally signed by SATYA SAI RAO
Date: 19/12/2018 15:29:24