BHAGWATPRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking quashment of order dated 20.4.2000 (Annexure-P-6) passed by Chief Engineer, Water Resources Department terminating the services of the petitioner and further to quash the order dated 15.7.2002 (Annexure-P-8) passed by M.P. State Administrative Tribunal, Jabalpur in O.A. No.2711/2000, whereby aforesaid order of removal of petitioner has been confirmed.

(2.) FACTS of the case in short are that petitioner was appointed as daily wages on 1.7.1986 and was regularized in service on the post of Amin on 17.9.1998 vide Annexure-P-1. On 22.2.2000 the Petitioner was served with a show cause notice (Annexure-P-3) requiring him to explain as to why he submitted false information in Clause 1,2,3,4,5, and 6 of attestation form regarding his involvement in criminal police case. In respect of incident dated 27.6.1991, a criminal case was registered against him at Police Station Damoh at Crime No.85/1991 under Sections 342,327 and 295/34 of I.P.C. In another matter in Criminal Case No.322/1998, proceeding under Section 116(3) and 151/107 of the Code of Criminal Procedure, 1973 for committing breach of peace was also initiated against him. Vide judgment dated 13.12.1999 (Annexure-P-5) passed by J.M.F.C. Damoh in Criminal Case No.28/1998, petitioner was acquitted of all the charges. Case pertains to preventive action was also dismissed on 20.3.1999 in Lok Adalat on account of expiry of stipulated time period of bond and surety.

(3.) ORDER of removal of service is challenged in the petition on the grounds of its arbitrariness and illegality. Aforesaid order of removal has been passed without holding a proper departmental enquiry. Such step is disproportionate and harsh. Relevant extract of contents of attestation form and information furnished and signed by the petitioner reads as below- <IMG>JUDGEMENT_3058_ILR(MP)_2011img1.jpg</IMG> <IMG>JUDGEMENT_3058_ILR(MP)_2011img2.jpg</IMG>