SHYAM KUMAR PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant/Original petitioner (hereinafter referred to as the 'petitioner') has filed this writ appeal against the impugned order dtd. 15/03/2019 passed by learned Single Judge in Writ Petition (S) No.461/2005 dismissing writ petition filed by petitioner challenging his order of removal/termination from service.

(2.) The case of the petitioner is that he was working as parttime Secretary and by virtue of policy of the State Government, part-time Secretaries working till 1986 continuously are to be given regular appointment on the post of Gram Sahayak in the pay-scale of Rs.485.00740/-. In pursuance to said policy of the State Government, the petitioner was appointed as Gram Sahayak on 15/01/1987. Subsequently, he was served with a charge-sheet on 11/10/1989 to conduct enquiry. The Enquiry Officer as well as Presiding Officer was appointed and after conclusion of enquiry, the Enquiry Officer submitted its report mentioning therein that charges levelled against the petitioner found to be proved. Based on the enquiry report submitted by Enquiry Officer, the Disciplinary Authority passed an order of removal of petitioner from service vide order dtd. 19/06/1991.

(3.) The order of removal/termination was challenged by the petitioner before the Madhya Pradesh State Administrative Tribunal, Jabalpur (hereinafter referred to as 'Tribunal') by filing an Original Application bearing No. 2319/1991. The Original Application filed by the petitioner before the Tribunal remain pending and after re-organization of State of Madhya Pradesh and formation of new State of Chhattisgarh, the Original Application pending before the Tribunal of the territorial jurisdiction of the Chhattisgarh has been transferred to the High Court of Chhattisgarh, which made registration of Original Application as Writ Petition No. 461/2005. The writ petition was dismissed on 15/03/2019 whereby learned Single Judge considering the fact that there was an allegation on the petitioner that he obtained job of Gram Sahayak by placing forged and fabricated certificate of his employment since 1979- to 1986 and further no prove could be submitted by the petitioner to controvert the findings recorded by the Enquiry Officer.