RAJA RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition filed under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 21-9-2000 passed by the M. P. State Administrative Tribunal, Jabalpur (in short 'the Tribunal') in O. A. No. 5054/2000 dismissing his original application, summarily, being premature.

(2.) THE petitioner was serving as Assistant Treasury Officer, Balaghat. Earlier a charge-sheet was issued against him on 26-2-1980 and a departmental enquiry was conducted. In the said enquiry, the enquiry officer found that the charges were not proved. However, the disciplinary authority, differing with the findings recorded by the enquiry officer, passed the order on 19-12-1986 directing the petitioner to retire compulsorily. This order which is annexed as Annexure P-5 to this petition, was assailed before this Court by filing a writ petition which was subsequently transferred to the Tribunal and the same was registered as T. A. No. 1150/88 in the Tribunal. The said Transfer Application was allowed by the Tribunal vide order dated 5-4-1997 (Annexure P-6 ). The Tribunal while passing the said order issued following directions:-

(3.) A show-cause notice was issued to the petitioner on 11-6-1997. A reply was submitted by the petitioner on 7-8-97 but no action was taken against him. Consequently, he was reinstated in the service and was posted as Assistant Treasury Officer vide order dated 27-9-1997 (Annexure P-9 ).