IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No. 6869 of 2023 VIJAY KUMAR SHARMA Versus M P M K V V COM LTD AND OTHERS -------------------------------------------------------------------------------------------

Appearance:

Shri Ravi Bhargava - Advocate for the petitioner.

Shri Ravi Jain- Advocate for the respondents.

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RESERVED ON: 18/11/2025 ORDER PASSED ON: /12/2025 --------------------------------------------------------------------------------------------

O R D E R

Petitioner has filed this writ petition praying for a direction to respondents to pay him full salary for the period from 25/1/2018 to 30/4/2021 during which he remained under suspension. He has also prayed for interest on the aforesaid amount.

2. Facts necessary for decision of this case are that the petitioner was initially appointed as Store Assistant in the erstwhile M.P. Electricity Board on 3/4/1982. At the relevant time, he was working as Junior Engineer at Gwalior Division of the respondent/Company.

3. A criminal case was registered against the petitioner by the Special Police Establishment (SPE), Gwalior for offence under Section 7, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120 of IPC alongwith other co-accused persons. The SPE filed challan in the Court of Special Judge on 18/1/2018. Accordingly, by virtue of instructions issued by the General Administration Department vide Circular dated 26/2/1998, the petitioner was placed under suspension vide order dated 25/1/2018 and was attached to the City Circle, Gwalior.

4. The criminal case was tried by learned First Additional Sessions Judge and Special Judge (PC Act), Datia in SC LOK No.-01/2018. Vide judgment dated 29/7/2022, the petitioner and other co-accused persons are acquitted in the criminal case.

5. While the aforesaid criminal case was pending, the petitioner attained the age of superannuation and stood retired from service w.e.f. 30/4/2021. After acquittal in the criminal case, he approached the respondents for regularization of period of his suspension. Accordingly, vide order dated 10/2/2023 (Annexure P/1), the period of suspension from 25/1/2018 to 30/4/2021 has been treated to be on duty for all purposes except for pay and allowances for the said period. The petitioner is thus, aggrieved by the aforesaid action of the respondents in denying him benefit of pay and allowances for the period of suspension.

6. The learned counsel for the petitioner submitted that once the petitioner is acquitted in the criminal case, the reason on account of which he was placed under suspension vanished. He therefore, submitted that the petitioner's suspension was unjustified and therefore, he should be paid full pay and allowances for the said period. In support of his submission, he placed reliance upon the decision Babulal Jhad Vs Home Department & Ors., passed in W.P. No.8658/2018 (Indore Bench) which has been affirmed by Division Bench in W.A. No.120/2019. He also relied upon coordinate bench decision of this case in the case of Brijesh Singh Kushwaha Vs. State of M.P. & Ors., passed in W.P. No.22404/2021 which has been affirmed by Division Bench in W.A. No.426/2024. The learned counsel also relied upon decision of this Court in the case of Gouri Shankar Verma Vs. State of M.P. & Ors., passed in W.P. No.9850/2023 and Rampyari Bai Vs. Babulal & Anr., passed in W.P. No.30191/2024.

7. On the other hand, counsel for the respondents supported the impugned action of the respondents and submitted that the petitioner got involved in the criminal case because of his own acts and the respondents were not instrumental in his prosecution. He further submitted that since the challan was filed by the SPE in the Court, by virtue of instructions issued by the General Administration Department, the petitioner was required to be placed under suspens