STATE OF M.P Vs. PRAMOD KUMAR GUPTA

JUDGEMENT

(1.) THIS Writ Appeal under Section 2(1) of M.P. Uccha Nyalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 has been filed by the State against the order dated 5th May, 2010 passed by the learned Single in WP No.8851/2009(s).

(2.) IN brief, the respondent had filed the Writ Petition before the learned Single Judge challenging the charge sheet dated 18/7/2005 and the enquiry proceedings mainly and substantially on the ground of inordinate delay.

(3.) THE grievance of the respondent is that the departmental enquiry was initiated after a lapse of inordinate time and the same is being prolonged causing serious prejudice inasmuch as the respondent is an officer appointed by the Public Service Commission in the year 1986 and officers up to the year 1985 were considered for grant of IAS Cadre but due to the pending DE, the respondent was deprived of the said benefit. THE persons junior to the respondent were in the meanwhile granted senior selection scale but when the petitioner submitted representation he was informed on 15/6/2009 that he cannot be granted senior selection grade on account of pendency of DE. Even in the absence of the relevant documents the respondent had filed the reply to the charge sheet but without considering the same properly the General Administration Department decided to hold the departmental enquiry against the petitioner. Hence at that stage the petitioner approached the learned Single Judge.