ASHOK SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The batch of petitions viz. W.P. (C) Nos. 862, 863 and 864 of 2012, involve common facts and common question of law and, as such, they are being considered and decided by this common order. For adjudication of these petitions, the facts and documents filed in W.P. (C) No. 862 of 2012 are being referred, as the facts and documents of all these petitions are identical. By these petitions, the petitioners seek quashing of the order dated 20-3-2012 (Annexure P-1) passed by the respondent No. 2 in Case No. 8 of 2008.

(2.) Case of the petitioners, in short, is that the respondent No. 3 filed a complaint before the Chhattisgarh Lok Aayog (for short "the Aayog") under Section 8(1) of the Chhattisgarh Lok Aayog Adhiniyam, 2002 (for short "the Adhiniyam, 2002") making certain allegations in respect of misuse of Government funds by the petitioner (Ashok Sharma) along with the respondent Nos. 7/R.P. Singh [petitioner in W.P. (C) No. 863 of 2012], 8/R.K. Sahu [petition in W.P. (C) No. 864 of 2012] and 9/S.K. Sundarani. The Aayog framed five charges against the petitioners as well as the respondent Nos. 7, 8 and 9. After examining the facts collected during the process of enquiry, opportunity of hearing was afforded to the petitioners and the respondent Nos. 7, 8 and 9 also. The petitioners are the respondent Nos. 7, 8 and 8 were noticed to submit their reply/explanation. S.K. Sundarani (respondent No. 9) and Chandrakant Uikey, submitted their return/explanation. Ashok Sharma, R.P. Singh and R.K. Sahu, submitted their preliminary explanation and no final explanation was submitted, despite opportunity afforded to them.

(3.) The Aayog after examining all the informations and facts collected during the enquiry recommended as follows:--