RAMSWAROOP Vs. STATE OF M P

JUDGEMENT

(1.) The order of learned Single Bench dated 15.4.2008 passed in Writ Petition No. 6839/2003 has been assailed by the appellant/writ petitioner by filing thisappeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

(2.) Indeed, the appellant was serving under the employment of respondents on the post of Forest Guard. The charge, which was levelled against him, is that he assaulted his superior officer namely Badam Singh Chouhan by Lathi and thereby has committed the misconduct. The charges were found to be proved by the enquiry officer, as a result of which, Disciplinary Authority passed the punishment of dismissal from service. The departmental appeal, which was filed by the delinquent employee, met the same result. In this manner, the employee filed the writ petition before learned Single Bench of this Court.

(3.) The learned Single Bench by examining the material placed on record, came to hold that charge of assaulting superior officer has been found to be proved, as a result of which, looking to the limited scope of judicial review, did not interfere in the order of Appellate Authority either on the merit or on the point of quantum of sentence.