ANIL KUMAR PANDEY Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This petition is filed challenging the order dated 15.3.2012 passed by the respondent No.3. imposing penalty of recovery of Rs. 9.12.551 / - and stoppage of two increments of pay without cumulative effect on the petitioner, on the grounds that the responsibility to carry out the work was not on the petitioner. On the other hand as per the delegation of functions and powers such responsibility was on the Assistant Engineer, the petitioner was holding the post of Junior Engineer only and was thus not responsible to discharge such duties. Without conducting any proper inquiry, the order impugned has been passed imposing penalty. It is contended that only a show notice was given whereas these facts were required to be proved by adducing evidence and as such a detailed inquiry was necessary as provided in proviso to the Rule 16 of Madhya Pradesh Civil Sendees (Classification, Control and Appeal) Rules, 1966 (hereinafter referred as Rules). Having failed to do so, the order impugned is bad in law and is liable to be quashed.

(2.) Admittedly the provisions of CCA Rules aforesaid are applicable in case of the petitioner. Even if a minor penalty is imposed, the order of penalty is appealable as provided under Rule 23 of aforesaid Rules. Admittedly no appeal has been filed by the petitioner against the order and a Writ Petition straightway has been filed before this Court. Such a Writ Petition is not maintainable in view of the availability of the statutory remedy of appeal.

(3.) Considering the aforesaid, this Writ Petition is disposed of with a direction that the petitioner will file an appeal within a period of 15 days from today before the competent authority against the order of penalty and will also be entitled to move an application for grant of interim relief if so required. The appellate authority on receipt of the appeal will decide the same expeditiously, without raising any objection with respect to the limitation for filing of appeal. The appellate authority will also consider a prayer for grant of interim relief to the petitioner. In case such an appeal is filed within the aforesaid period, no recovery proceedings pursuance to the order of penalty be initiated against the petitioner for a period of 30 days from the date of filing of appeal. This interim protection will come to an end immediately on expiry of 30 days.