DEVENDRA KUMAR SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 22.08.2019 (Annexure P/2) whereby the Director of Public Education has repatriated him to the parent department i.e. School Education Facts of the case, in short, are as under:

(2.) Vide order dated 15.12.1988 the petitioner was appointed as Lecturer by the Director, Public Education. In the year 1996, the petitioner did Masters in Education course with the prior permission of the Department. In order to provide better education in the State of Madhya Pradesh, the State Govt. has established District Institute of Education & Training (hereinafter referred to a DIET ) in the state . Vide order dated 07.07.2001 the petitioner was transferred in the capacity of Lecturer to the DIET, Indore and since then he is working there.

(3.) On the basis of the enquiry report submitted by the Joint Director, Public Education a show-cause notice dated 05.07.2019 was issued to the petitioner alleging 5 irregularities said to have been committed by him. Petitioner submitted a detailed reply to the show cause notice and vide order dated 01.08.2019 a stoppage of increment with non-cumulative effect (minor punishment) was imposed and the enquiry was closed. Thereafter, vide impugned order dated 22.08.2019 the petitioner has been repatriated to the parent department by the Director, Public Education Centre, Bhopal. Being aggrieved by the aforesaid order, the petitioner has filed the present petition before this Court mainly on the ground that he has been repatriated to the parent department by way of penalty that too by an incompetent authority. For the alleged misconduct he had already been punished by order dated 01.08.2019, hence now the present repatriation based on the same charges amounts to double jeopardy to the petitioner.