SANJAY SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the Annexures P/1 & P/2. Annexure P/1 is an order dated 21.11.2011 issued by the respondent No.4 who was dissatisfied with the decision taken by the State Govt. against the petitioner on his recommendations dated 06.12.2010 (Annexure P/3). The respondent No.4 have also asked the Collector for reconsidering the punishment order granted to the petitioner and for issuance of graver punishment than what has been imposed against him. On the basis of the said recommendations of the respondent No.4, the respondent No.3 have issued the petitioner with fresh show cause notice on 03.02.2012 (Annexure P/2).

(2.) The facts relevant for adjudication of the present petition is that, the complainant namely Gyan Masih had filed a complaint before the respondent No.4 alleging the misdeeds on the part of the petitioner and other revenue officers posted at Takhatpur at the relevant point of time. The Lokayukta, after a detailed enquiry submitted its report to the State Govt. vide Annexure P/3 dated 06.12010. The relevant portion of the said report reads as under :

(3.) Based on the said report of the respondent No.4, the authorities concerned initiated enquiry against the petitioner and other officers and on the basis of the enquiry report inflicted the petitioner with punishment of withholding two annual increments with cumulative effect vide order dated 30.09.2011/010.2011 (Annexure P/5). The said order of punishment was put to challenge in an appeal before the Collector. The said appeal stood rejected and the order of punishment was confirmed by the Collector vide order dated 24.01.2012 (Annexure P/6). It is pursuant to this rejection of the appeal and compliance report being furnished with the respondent No.4 that the respondent No.4 had issued a letter dated 21.11.2011 (Annexure P/1) based upon which a show cause notice dated 002.2012 (Annexure P/2) has been issued to the petitioner.