G R URAON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition filed under Article 226 of the Constitution of India is to the order dated 25-8-2006 (Annexure P-6) whereby withholding of two annual increments without cumulative effect was passed by the State Government.

(2.) THE indisputable facts, in brief, as projected by the petitioner, are that the petitioner was In-charge of the post of Chief Medical Officer, Dantewada, from 8-3-2001 to 22-3-2001. THEre were certain irregularities, certain orders were placed for purchase of medicines. Accordingly, a show-cause notice dated 23-7-2002 (Annexure P-1), with five charges of financial irregularities, was issued to the petitioner to the effect that a Departmental Enquiry was proposed against him, calling upon the petitioner to respond to the Departmental Enquiry proposed against him. THE petitioner filed a detailed reply on 24-9-2002 (Annexure P-2). THE respondent/State thereafter, issued a second show-cause notice dated 3-4-2006 (Annexure P-4) proposing punishment of withholding two annual increments without cumulative effect. THE petitioner submitted his reply on 17-4-2006 (Annexure P-5) to show-cause notice dated 3-4-2006. Having considered the reply of the petitioner, the State Government by order dated 25-8-2006 (Annexure P-6) imposed the minor punishment withholding two annual increments without cumulative effect. Thus, this petition.

(3.) IT is well settled that the High Court while exercising the judicial review may look into the process of decision, but not the decision itself.