SUBHASHCHANDRA MUKHERJEE Vs. CHAIRMAN

JUDGEMENT

(1.) Heard Shri Vijay Nayak, learned counsel for the appellant.

(2.) This intra-court appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 arises out of the order dated 10-12-2009 passed by the learned single judge in W. P. No. 653/99 dismissing the petition filed by the appellant against the order of compulsory retirement in the regular departmental proceedings.

(3.) Learned counsel for the appellant vehemently contended that the disciplinary authority in fact acted in predetermined manner inasmuch as in the order asking the petitioner to show cause dated 2nd of January, 1998 contained in Annexure P/2 he had already expressed his opinion. It is further contended that the documents sought for, were not provided to the appellant on account of which great prejudice was caused to the appellant in defending himself.