KRISHNA AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the writ petitions involve common question of law and fact, they are being disposed of by this common order.

(2.) The petitioner served the State of Madhya Pradesh and ultimately, in accordance with the provision contained in Section 68 (2) of the the Madhya Pradesh Reorganisation Act, 2000 (for short, 'the Act of 2000'), he was allocated to the State of Chhattisgarh by order dated 24-10-2002 and with effect from 16-9-2002 his services were finally allocated to the State of Chhattisgarh and he was relieved on 31-10-2002 as such, he joined in the State of Chhattisgarh and is continuing. Meanwhile, on 5-6-2006, the State of Madhya Pradesh through the Chief Engineer, Vainganga Basin, Water Resources Department, Seoni, taken a decision to hold departmental enquiry against the petitioner and issued charge-sheet to him which has been challenged by the petitioner in W.P.No.4653/2006. Thereafter, during the pendency of the writ petition, enquiry officer and presenting officer were appointed by order dated 7-11-2007 against which W.P.(S) No.555/2008 was filed by the petitioner questioning that once he has been allocated to the State of Chhattisgarh, the State of Madhya Pradesh has no jurisdiction and authority to initiate departmental enquiry and as such, the enquiry so initiated is without jurisdiction and without authority of law.

(3.) Mr. V.G. Tamaskar, learned counsel appearing for the petitioner, would submit that the impugned orders passed in both the writ petitions are without jurisdiction and without authority of law.