--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION (S) NO. 1565 / 2004 PRADEEP GOYAL Vs. MP STATE ELECTIRICITY BOARD AND ANOTHER * * * * * O R D E R ( 13/9/2011) The petitioner before this Court, an Addl. Superintending Engineer (now Superintendent Engineer) serving the MP State Electricity Board, has filed this present writ petition being aggrieved by the order dt. 20/7/2001 by which a punishment of Censure has been inflicted upon him. Petitioner is also aggrieved by order dt. 21/4/04 by which his review petition has been dismissed. The contention of the petitioner is that he was placed under suspension on 16/5/2000 on account of some alleged misconduct contemplating a Departmental Enquiry. However, his suspension was revoked on 22/2/2001. Petitioner has further stated that a charge sheet was also issued in the matter earlier ie., on 29/7/2000 alleging 3 --- 2 --- charges and the petitioner did submit an application 12/6/2000 requesting the disciplinary authority to furnish authentic copies of certain documents. Petitioner has further stated that he was shown only one document ie., Checking report dt. 29/3/2000, however the report dt. 19/4/2000 was not shown to him. Petitioner has further stated that he was not furnished with the copies of the relevant documents inspited of repeated opportunities and he submitted his reply to the charge sheet reserving his right to submit a detailed written statement. Learned counsel for the petitioner has vehemently argued before this court that the petitioner has never accepted the charges levelled against him, on the contrary, demanded an opportunity of hearing in the matter. However, the authorities without conducting any Departmental Enquiry have slapped a punishment of Censure based upon the charge sheet and the documents which were not furnished to the petitioner. Petitioner has prayed for quashing of order inflicting Censure dt. 20/7/11 as well as order rejecting his review petition dt. 21/4/04. Learned counsel for the petitioner has also argued before --- 3 --- this Court that the petitioner is entitled for full salary for the period he was under suspension keeping in view the judgment delivered by this Court in the case of Deena Nath Tiwari Vs. Dr. Hari Singh Gour Vishwavidyalaya reported in 2004 (2) MPLJ 11. A reply has been filed in the matter and learned counsel for the respondents has vehemently argued before this Court that the charge sheet was issued for imposition of minor penalties and Rule 16 of the MP Civil Services (Classification, Control and Appeal) Rules, 1976 does not provide for any Departmental Enquiry. He has also argued before this court that the petitioner was granted an opportunity of hearing by issuing a show cause notice and after taking into account the reply of the petitioner the disciplinary authority has rightly inflicted a punishment of censure. Learned counsel for the respondents has also argued before this court that the minor penalty of censure has not at all been taken into account by the employer while promoting the petitioner to the next higher post. Learned counsel for the respondent has fairly stated before this court --- 4 --- that the petitioner is entitled for the full salary for the period he was under suspension and as a minor punishment of censure has been inflicted upon him. He prays for dismissal of the writ petition and his stand is that principles of natural justice and fair play have been complied with by the employer while passing the impugned orders. Heard learned counsel for the parties at length and perused the record. In the present case, it is an admitted fact that the petitioner was inflicted with a punishment of censure by an order dt. 20/7/2001 and his review petition has also been dismissed on 21/4/04. Keeping in view the judgment delivered by this court in the case of Deena Nath Tiwari Vs. Dr. Hari Singh Gour Vishwavidyalaya reported in 2004 (2) MPLJ 11 and also the executive instructions issued by the State Government dt. 13/1/05, as a minor punishment of censure has been imposed upon the petitioner, the petitioner is certainly entitled for full salary for the period he was under suspension. So far as the order of punishment of censure is --- 5 --- concerned, this Court has carefully gone through the reply of the petitioner filed by him in response to the charge sheet. The petitioner has requested the department for grant of an opportunity of hearing and has prayed for an enquiry. However, the respondents have straightway passed an order on the basis of written submissions submitted by the petitioner to the show cause notice issued by the employer dt. 29/7/2000. The charge sheet dt. 29/7/2000 also reflects that a decision was taken by the employer to hold a Departmental Enquiry. However, no Departmental Enquiry was held and only a summary procedure was adopted by the employer as contained under Rule 16 of the MP Civil Services (Classification, Control and Appeal) Rules, 1976. This Court is of the considered opinion that once the petitioner has demanded an enquiry in the matter and is demanding an opportunity of hearing to explain his conduct, in all fairness the respondents should have granted an opportunity of hearing by holding a Departmental Enquiry as disputed questions of fact were involved as reflected in the charge sheet. --- 6 --- Resultantly, this Court is of the considered opinion that the impugned orders deserves to be set aside and the same are accordingly set aside. The order dt. 20/7/2001 and order dt. 21/4/04 are hereby quashed with a liberty to the employer to proceed afresh by holding a regular Departmental Enquiry in case they so desire. So far as the payment of arrears of salary is concerned, the respondents shall pay full salary for the period the petitioner was under suspension as they have inflicted a minor punishment of censure only. The exercise of making payment of arrears of salary be concluded within 3 months from the date of receipt of certified copy of this order. Writ petition stands allowed. No order as to costs. (S. C. SHARMA) J U D G E KR