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2003 Supreme(MP) 860

S.P.KHARE
Seeta Charan Banwari – Appellant
Versus
M. P. Rajya Bhumi Vikas Nigam – Respondent


Advocates Appeared:
Ashish Shroti, M.S.Bhatia,

Judgment

( 1. ) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 5-2-2002 (Annexure P-14) by which it has been held by the Managing Director that the petitioner is not entitled to any salary from 4-12-1987 to 15-9-1996 on the principle of "no work no pay".

( 2. ) IT is not in dispute that the petitioner was working in M. P. Rajya Bhumi Vikas Nigam as an Accountant. He was removed from service by order dated 2-12-1987 after departmental enquiry. The petitioner filed a departmental appeal against this order before the Chairman of the Nigam. He set aside the order of removal and remanded the matter back for fresh departmental enquiry. The Managing Director of the Nigam filed Writ Petition No. 2684 of 1988 before this Court against the order of the Chairman and obtained a stay order on 6-8-1988 (Annexure P-3 ). The petitioner submitted an application for vacating aforesaid order but it was rejected by this Court. The writ petition was ultimately dismissed by this Court on 4-9-1996. A de novo enquiry was commenced against the petitioner and a minor penalty of "censure" was imposed upon the petitioner by order dated 26-7-2001. The pet





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