GUMAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) All these writ petitions involve common questions of law and as such with the consent of the parties they are heard together and are being decided by this common order. For the sake of convenience, the facts are taken from W. P. No. 7748 of 2008 (S).

(2.) Briefly stated, the petitioner, who is presently holding the post of Chief Engineer in the Public Health Engineering (for short, P.H.E.) Department of the State Government and is posted at Indore Circle, was at the relevant time, holding the post of Executive Engineer and was posted in P.H.E. Division, Khargone.

(3.) On receiving complaint against the petitioner, levelling "allegations" against him as defined under the Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 (for short, the Adhiniyam) the second respondent Lokayukt directed to register the complaint and to hold enquiry under the Adhiniyam vide order dated 5-7-2002. As directed by the Lokayukt an enquiry of the said complaint was conducted by a Chief Engineer posted in the Lokayukt Organisation. After issuance of a show cause notice dated 8-8-2008 (Annexure P-1) and after considering reply to the said show cause notice the enquiry officer submitted the enquiry report dated 10-12-2008 (Annexure P-4) before the Up-Lokayukt. The Up-Lokayukt on being satisfied that the allegation levelled against the petitioner is duly established, communicated his recommendation to the first respondent State Government. Feeling aggrieved by the enquiry report dated 10-12-2008 (Annexure P-4), the recommendatory note of the Up-Lokayukt dated 15-12-2008 (Annexure P-5) as also the letter/direction dated 16-12-2008 (Annexure P-6) issued by the Secretary of the second respondent - Lokayukt the petitioner has filed this writ petition under Article 226 of the Constitution of India.