SHRIRAM CHAUDHARY Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER - - Shriram Choudhary - - an employee of the Marketing Committee, Mhow, has moved this Court by Petition under Article 226 of the Constitution for a writ of certiorari or other appropriate writ or direction for quashment of the Order dated 20.5.1994 (Annexure P -8) passed by respondent No. 3 - - The Officer In -charge of the said Marketing Committee reverting the petitioner from the post of Secretary (Grade - C) to the Committee to the post of Clerk in that Committee.

(2.) THE petitioner was appointed on the post of Secretary of the Committee on 1.1.1973. The appointment was made by the Committee which at the relevant time was the appointing authority under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (for short, the M.P. Act) and the Rules framed thereunder. It may be noted here that by a subsequent amendment in the M.P. Act (vide S. 27), the power of the appointment of the Secretary was vested in the State Government.

(3.) THE petitioner has assailed his reversion mainly on three grounds - - One: that the order (Annexure P -8) is without any authority or jurisdiction inasmuch as the authority to impose such a m;1jor penalty vested in the State Government or the Director under the Act and the Rules framed thereunder; two: that the enquiry itself was vitiated as no proper opportunity of hearing was accorded to the petitioner employee;