RAM PRAKASH VERMA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, who at the relevant time was working as Patwari, has filed this petition being aggrieved by order dated 31.3.1993 passed by the Sub Divisional Officer, Rajnagar, District Chhatarpur, whereby he has been dismissed from service pursuant to departmental proceedings being conducted against him. The petitioner has also assailed order dated 4.8.1994 passed by the Appellate Authority dismissing the petitioner's appeal.

(2.) The brief facts leading to the filing of the present petition, are that the petitioner was appointed as a Patwari on 4.1.1982 and was thereafter posted at village Jhamtuli, Tehsil Rajnagar, District Chhatarpur. It is submitted that the petitioner was placed under suspension on 12.4.1991 as a charge sheet was filed against him before the competent criminal court under section 5(1)(d) and 5(2) of the Prevention of Corruption Act,1988. Thereafter a charge sheet was served upon the petitioner on 3.3.1992 in respect of certain misconduct relating to accepting bribe, issuance of false pattas and Rin Pustikas and allotting Government land illegally to unqualified persons. It is submitted that the petitioner filed applications for supply of documents relied upon by the respondents in the charge sheet. However, the same were not supplied to the petitioner and ultimately an inquiry report was submitted on the basis of which the impugned order dismissing the petitioner from service was issued by the Sub Divisional Officer, Rajnagar on 31.3.1993. The petitioner, being aggrieved, filed an appeal which also suffered dismissal by order dated 4.8.1994, hence this petition.

(3.) It is submitted by the learned counsel for the petitioner that the impugned orders deserve to be quashed as they suffer from patent illegalities and irregularities and that they have been passed without following the procedure prescribed under the Rules and the principles of natural justice inasmuch as copies of documents were not supplied to the petitioner nor was the inquiry report supplied to him.