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2024 Supreme(Online)(MP) 36048

HIGH COURT OF MADHYA PRADESH
Anand Gupta – Appellant
Versus
Superintendent Of Police – Respondent


Advocates:
Sk.,Smt.Maya Upadhyay,R.C.Tiwari,,Ag,Harish Agnihotri

ORDER

This petition is filed being aggrieved of the order dated 25.11.2000 passed by Superintendent of Police, Narsingpur.

Bring facts of the case are that petitioner was visited with penalty of removal of service by the respondent without following the due procedure.

Petitioner had filed petition against the said order before the State Administrative Tribunal which was allowed with the direction that he shall be reinstated with all consequential benefits but as regards payment of salary for the period when he remained out of service, it shall be determined after enquiry whether the petitioner was in gainful employment during that period.

No orders were passed on either directions, hence the petitioner had to file contempt petition.

After filing of the contempt petition, respondents took the petitioner back in service but did not grant him back wages. Now by filing a return, they have said that since petitioner was having rental income, therefore, he is not entitled to back wages.

The fact of the matter is that the Hon'ble State Administrative Tribunal while deciding the case of the petitioner had directed that in case petitioner was gainfully employed, then he will not be entitle

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