CHANDAN SINGH JATAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 16-1-2017 passed by respondent no.1 by which the punishment of termination imposed by respondent no. 3, has been modified to Compulsory Retirement.

(2.) The facts necessary for disposal of this petition in short are that the petitioner was working as Forest Guard. A charge sheet dated 11- 12-2010 was issued to the petitioner on the following charges :

(3.) The petitioner was posted as O.S.D. In game range Sabalgarh, but he is on an unauthorized absence from 1-7-2010. The departmental enquiry was conducted. The Dy. D.F.O. was appointed as enquiry officer. The petitioner did not file any reply to the charge sheet, but participated in the enquiry. The enquiry officer, in his enquiry report found that all the charges were proved. Accordingly, a show cause notice was issued to the petitioner, along with the enquiry report, but he did not respond, and demanded additional documents. Accordingly, he was informed that all the documents which were relied upon the enquiry officer, have already been provided to him. Accordingly, a reminder was sent for submitting his reply by 20-7-2013. The letter sent by respondent no.3 was received by the petitioner on 15-7-2013, but he did not respond to the show cause notice. Then again another letter dated 23- 3-2013 was sent, thereby giving a further opportunity to file his reply, but the petitioner did not respond although the reminder was received by him on 2-9-2013.