SURESH PRASAD CHANDANIA Vs. STATE OF M.P

JUDGEMENT

(1.) BY this writ petition, the Petitioner has challenged the order dated 4-9-1995 (Annexure A-1), whereby the Petitioner was demoted from the post of Accountant to the original post of Lower Division Clerk with the punishment of grant of subsistence allowance alone during the suspension period. The Petitioner has further challenged the validity of the charge-sheet (Annexure A-4).

(2.) THIS petition was initially filed before the State Administrative Tribunal. On dissolution of the State Administrative Tribunal, this petition was transferred to this Court and numbered as above.

(3.) A departmental enquiry was initiated and on enquiry, charges No. 1, 2 and 4 were found proved and charge No. 3 was found partially proved against the Petitioner. The Collector, by his order dated 4.9.1995 (Annexure A-1), agreeing with the enquiry report dated 2.2.1995, demoted the Petitioner from the post of Accountant to the original post of Lower Division Clerk with grant of subsistence allowance alone during the suspension period, The Petitioner was afforded an opportunity of hearing on the basis of enquiry report before the impugned order was passed, wherein it was held that the Petitioner had committed grave misconduct.