IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

th

ON THE 7 OF JANUARY, 2026

WRIT PETITION No. 8248 of 2016

KAMLESH BAIRAGI

Versus

THE STATE OF MADHYA PRADESH THR AND OTHERS

Appearance:

Shri S.K. Sharma - Advocate for petitioner.

Shri Rajendra Jain – Government Advocate for respondent/State.

ORDER

This petition, under Article 226 of Constitution of India, has been filed

seeking the following relief (s):-

“(i) That, respondents be directed to make the pay or suspension

allowance to the petitioner from 10.09.2010 till this date.

(ii) That, respondents be also directed to review the order snatching power and restored the petitioner in his original position with all

service benefits.

(iii) That, any other relief which this Hon'ble High Court may deem

fit, with cost of the petition.”

2. It is submitted by learned counsel for petitioner that petitioner was duly appointed on the post of Panchayat Karmi in Gram Panchayat Ghata Khedi in Block- Chachoda, District Guna (M.P.). Thereafter, powers of Secretary were delegated to petitioner under Section 69 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for brevity “the Act”). Thereafter, on the basis of some complaint, respondent No.2 vide order dated 10.09.2010 restricted the petitioner from discharging his duties of Secretary in the Gram Panchayat. Being aggrieved by the said order, petitioner filed Writ Petition No.4528/2011 which was decided by order dated 06.02.2012 and this court observed that petitioner shall be entitled for the salary as services of the petitioner have not been terminated. Thereafter, respondents issued order dated 19.08.2014 asking the petitioner to join at Gram Panchayat Kotara whereafter petitioner in compliance of the order dated 19.08.2014 submitted joining. Learned counsel for petitioner submitted that petitioner was ready to perform his duties but the respondents did not permit the petitioner to perform his duties and as per observation made in the order dated 06.02.2012 passed in Writ Petition No.4528/2011 petitioner is entitled to salary of suspension period.

3. Per contra, it is submitted by learned counsel for the State that vide Annexure P-1 financial power of petitioner was withdrawn under Section 69(1) read with Section 70 of the Act as petitioner was found misappropriating public money to the tune of Rs.5,21,000/- and also misappropriated the amount to the tune of Rs.2,56,000/- and thereafter he deposited such money from his own account to the tune of Rs.1,74,000/- to Panchayat account. When this fact came into the knowledge, the financial power of petitioner was taken away vide Annexure P-1. Learned counsel for respondent/State further submitted that in compliance of order dated 19.08.2014, petitioner joined at Gram Panchayat Kotara on 29.08.2014 and after giving joining petitioner remained absent from duty as is evident from the letter dated 18.01.2018 (Annexure R/3-2). Thus, petitioner is not entitled to any salary/allowance from 10.09.2010 on the principle of “no work no pay”.

4. Heard learned counsel for the parties and perused the record.

5. This Court, while disposing of Writ Petition No.4528/2011 by order dated

06.02.2012, has already observed in the following manner:-

“2. Since the petitioner has not been removed from job and direction of Collector is not to take work from the petitioner for the post Secretary, therefore, no case for interference is made out. However, petitioner shall be entitled for the salary as services of the petitioner has not been terminated.”

6. This Court has already held that petitioner is entitled to the salary as services of the petitioner have not been terminated. Petitioner was ready to perform his duties but respondents have not permitted & respondents have not filed any document or judgment which shows that the order dated 06.02.2012 has been quashed or set aside by any Higher Court or Division Bench.

7. In the light of the order dated 06.02.2012 passed in Writ Petition N