LAWS(CHH)-2019-2-63

B.P. SAHU Vs. STATE OF CHHATTISGARH

Decided On February 27, 2019
B.P. Sahu Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The challenge in this petition is to the charge sheet dated 18.03.2016 and subsequent dates of hearing provided by the department to the petitioner vide Annexure P/2 dated 20.09.2018 and Annexure P/3 dated 04.12.2018.

(2.) The charges levelled against the petitioner is in respect of certain alleged irregularity committed during the course of selection to the post of Training Officer conducted in the year, 2010.

(3.) According to the petitioner, the advertisement in respect of the said selection was published on 01.09.2010. Subsequently, a corrigendum was further issued on 25.09.2010 and thereafter certain relaxations were made by the higher authorities in the department so far as eligibility criteria is concerned. The grievance of the petitioner now is that, the petitioner has been unnecessarily dragged in the disciplinary proceedings when the petitioner as such has not committed any misconduct. Since the petitioner was one of the member of the selection committee and what he has done is only as per the guidelines and relaxations made from time to time and as such, the act on the part of the petitioner cannot be brought within the purview of misconduct.