M M MUDGAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition was initially filed as O.A. No.5341/2000 before the M.P. State Administrative Tribunal, Jabalpur by the petitioner, who is a retired Deputy Collector, challenging the validity of the order dated 27.05.2000 by which the appeal of the petitioner against the order of punishment has been dismissed on the various grounds. Many reliefs have been claimed by the petitioner, as enumerated in paragraph 9 of the petition. The petition has been transferred to this Court on abolition of the M.P. State Administrative Tribunal and is registered as writ petition.

(2.) Brief facts giving rise to filing of this petition are that the petitioner was working on the post of Deputy Collector and has superannuated from service on 31.07.1995. Previously the petitioner was posted at Jabalpur and was transferred on the post of Land Acquisition Officer in Ban Sagar Project, Rewa. The said posting was done on deputation in the Water Resources Department. The order of posting was issued on 02.07.1988, pursuant to which the petitioner gave his joining at Rewa on 01.08.1988. It is2 contended by the petitioner that since he was suffering from Sciatica and was not in a position to move freely, was not in a position to travel in the rural areas for the purposes of discharge of his duty as Land Acquisition Officer, he moved an application for his shifting in the office and since his application was not considered, he was left with no option but to proceed on medical leave. The petitioner submitted the leave applications with medical certificate and did not join the duties till an order was issued retransferring him to Jabalpur on 23.11.1989. Pursuant to the said order, the petitioner gave his joining at Jabalpur on 31.01.1989. The period of leave of the petitioner was not being regularized, therefore, certain correspondence was done by him. Thereafter, a show cause notice was issued to him on 15.07.1991 alleging that the petitioner has not discharged any duties after the joining at Rewa and thereby had committed misconduct by not rejoining at the place of posting from where he was re-transferred to Jabalpur and without even handing over the charge at Rewa, he joined at Jabalpur. It was alleged that such act of the petitioner was a misconduct as prescribed in Rule 3 of the M.P. Civil Service (Conduct) Rules, 1965 and the State Government has decided to impose a punishment of withholding of one increment of pay with cumulative effect. The said show cause was issued to the petitioner under Rule 16 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 (herein after referred to as 'Rules').

(3.) It is the contention of the petitioner that on receipt of the show cause notice, he filed his reply on 2 nd August, 1991 but instead of considering the reply of the petitioner in appropriate manner, by order dated 10.09.1993, with the concurrence of the Public Service Commission, penalty of withholding of one increment of pay with cumulative effect was imposed on the petitioner. An appeal was preferred by the petitioner against the said order but since the appeal3 was not being decided, he was left with no option but to file an original application before the M.P. State Administrative Tribunal, which was registered as O.A. No.249/1996. The said original application came to be decided on 04.05.1999.