PRAMOD KUMAR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India seeking following reliefs :-

(2.) The brief facts of case are that petitioner was selected by M.P.P.S.C. on the post of Dy. Collector as per order dated 13-1-1986, which is properly known as State Administrative Service (in Short hereinafter referred to as the SAS). On completion of 6 years of service benefit of senior scale i.e. Rs. 10,000-14,000/-designating him as Joint Collector w.e.f. 1-1-93 has been allowed. On having blameless career selection scale i.e. of 12,000-16,000/- has further been allowed designating him as Additional Collector w.e.f. 1-1-1999 vide order dated 14-12-1999. At present he is posted as Chief Executive Officer, Indore Development Authority, Indore on deputation and discharging his duties on the said post.

(3.) In the year 1995, when he was posted on deputation as Commissioner Municipal Corporation, Ujjain in Urban Administration and Development Department a complaint was made against one Radheshyam and other persons including petitioner. In the said complaint, it was said that Vikram Vatika, Ujjain, which was in the ownership of the Vikram University has been illegally delivered on license to one Narendra Bhadoriya by them. On the said complaint a case was registered by the Lokayukt Police and started investigation thereupon. As per intimation of the Dy. Secretary, Urban Administration and Development Department (Borrowing Department) dated 1-10-2003 addressing to the Principal Secretary, GAD (parent department), it was jointly decided that the departmental action, if any, against the petitioner to the said irregularities can only be taken after the enquiry by the Lokayukt Establishment, if he found guilty. The Lokayukt Sangathan vide its letter dated 3-1-2006 Annexure-P/12 intimated to GAD in reply to their letter dated 18-12-2005 that no evidence was found against the petitioner, however the Challan in Court has not been filed against him, but filed against Radheshyam Bhadoriya and Shrilal Mohd. Khan and others on 15-9-2004. It is stated initially that GAD has decided to not to initiate departmental enquiry, till report of Lokayukt, but without awaiting such report, charge-sheet has been issued on 18-7-2005 Annexure-P/6, alleging that Vikram Vatika was not the land of Municipal Corporation, Ujjain, however the license/lease may not be granted by the Corporation, by passing the resolution in Mayor-in-Council dated 30-5-1995, and petitioner being Commissioner has not raised any objection to it. It is also stated that such lease/license is contrary to spirit of section 80 of Municipal Corporation Act and under Madhya Pradesh Nagar Palik Nigam (Achal Sampatti Ka Antaran) Rule, 1994. The said act amount to misconduct.