STATE OF M. P. Vs. VISHNU PRASAD MARAN
HIGH COURT OF MADHYA PRADESH
State Of M. P.
Vishnu Prasad Maran
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Sujoy Paul,J. -
(1.) This intra-court appeal takes exception to the order dated 17.09.2019 passed in W.P. No.9838/2018, whereby learned Writ Court directed the department to open the sealed cover and give effect to the recommendations for promotion. In addition, learned Writ Court directed to grant interest on delayed payment of retiral dues with further direction to pay arrears of 7th Pay Commission.
(2.) Shri Shrey Raj Saxena, learned Panel Lawyer assailed the order of learned Writ Court on twin grounds. Firstly , it is argued that the main reason for interference with the punishment of censure dated 13.03.2018 was that against the Enquiry Officer's report, the petitioner was not given any opportunity by issuance of notice by the disciplinary authority. He submits that the disciplinary authority issued a notice along with the Enquiry Officer's report and therefore, this reason for interference on the punishment cannot sustain judicial scrutiny. Secondly , learned Writ Court has committed an error in granting interest on delayed payment of retiral dues.
(3.) Learned counsel for the appellant urged that the delay in releasing the retiral dues was because of pendency of disciplinary proceedings. On conclusion of such proceedings by imposition of punishment on 13.03.2018 (Annexure-P/10), the retiral dues were released. Hence, imposition of interest is without there being any justification.;
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