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ITEM NO.1 COURT NO.4 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).6540/2023
(Arising out of impugned final judgment and order dated 20-03-2023 in MCRC No.12043/2023 passed by the High Court of M.P. at Indore)
GOVERDHAN @ GORDHANLAL Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
IA No.103733/2023 – EXEMPTION FROM FILING O.T. IA No.103730/2023 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES WITH SLP(Crl) No. 11119/2023 (II-A) IA No. 164371/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 164366/2023 – EXEMPTION FROM FILING O.T.

Date : 04-03-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Sarvam Ritam Khare, AOR
Ms. Jayasree Narasimhan, Adv.
Mr. Akash Shukla, Adv.

For Respondent(s) Mr. Abhimanyu Singh, Adv.
Mr. Nirmal Kumar Ambastha, Adv.
Mr. Pashupathi Nath Razdan, AOR
Mr. Mirza Kayesh Begg, Adv.
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Argha Roy, Adv.
Ms. Ojaswini Gupta, Adv.
Ms. Ruby, Adv.

UPON hearing the counsel the Court made the following
O R D E R
1. In purported compliance of para 6 of the order dated 30.11.2023, the petitioner has filed an affidavit dated 31.12.2023, according to which, he co-owns a joint family house with one and a half share valuing around Rs.5,50,000/- besides agricultural land in which his share comes to 1.070 hectares, valuing Rs.15-20 lakhs. According to the affidavit, there are no immovable assets owned by the petitioners wife, his daughter and younger son. The affidavit is, however, silent with regard to the assets, if any, owned by the petitioners elder son (Rahul Ohri), who is working as a Junior Engineer with Madhya Pradesh Vidyut Mandal.

2. Let an Additional Affidavit with regard to the assets in the name of the elder son of the petitioner be also filed within one week.

3. Learned State counsel submits that in compliance of the order dated 02.01.2024, a disciplinary enquiry was held against the petitioner and vide an order dated 01.03.2024, the competent authority has removed him from service.

4. We have heard learned counsel for the parties and carefully perused the material placed on record.

5. Having regard to the fact that the petitioner through his fraudulent activities, is alleged to have caused loss of almost Rs.70,00,000/- (Rupees seventy lakhs) to the poor farmers by tampering with the revenue records of their agricultural lands, it is directed that no service benefits shall be released in favour of the petitioner and whatever amount he is found entitled to (including the Gratuity and Provident Fund) shall be kept in FDR in

a nationalised bank, where it can fetch the highest rate of interest. Similarly, the District Magistrate-cum-Collector, Ratlam, Madhya Pradesh is directed to attach the agricultural land as well as the residential house of the petitioner situated in village Jharkhedi forthwith and keep the same free from encumbrances so that such assets can, in due course of time, be auctioned to compensate the victim farmers.
6. The petitioner, however, shall be at liberty to challenge the order of his removal dated 01.03.2024, by way of an appeal and such an appeal shall be decided by the prescribed authority without being influenced by the observations made hereinabove.
7. The Competent Authority-cum-Collector as well as the petitioner both are directed to file their respective affidavits as directed above.
8. Post the matter for further hearing on 04.04.2024.
9. Meanwhile, interim bail granted to the petitioner shall continue.
(SATISH KUMAR YADAV) (PREETHI T.C.)
Deputy REGISTRAR COURT MASTER (NSH)