NIRMAL CHAND JAIN Vs. STATE OF M P

JUDGEMENT

(1.) Heard.

(2.) Petitioner seeks quashment/dropping of the enquiry proceedings initiated against him vide issuance of charge sheet dated1-12-1993. Charges levelled against the petitioner, an Assistant Ayurved Medical Officer, were that he contested the election while in service for Majouli Legislative Assembly No. 199. The charges are also of unauthorized absence and for not staying at the Headquarter where he was posted. Earlier the petitioner had challenged the charge sheet in W. P. No. 1879/2006, the records whereof were summoned wherefrom it is observed that in the return filed by respondent/State of M. P. it is stated that the enquiry has been completed and the enquiry officer has submitted the report on 7-5-2008 wherein two charges were found proved. It has also been stated therein that an action is being taken thereon.

(3.) That during pendency of the said petition the petitioner retired on 30-06- 2009. After his retirement, the petitioner did not pursue the matter and kept it pending. After two years on 13- 5-2011 the petitioner sought withdrawal of petitioner to file fresh petition after incorporating subsequent development. The petition was allowed to be withdrawn with the said liberty. The order dated 13-5-2011 passed in Writ Petition No. 1879/2006(s) states:-