RAM SINGH GAMAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) The petitioner was working on the post of CEO, Janpad Panchayat, Datia. A charge-sheet was issued on 11/3/2003 by Commissioner, Gwalior Division, Gwalior. The first charge levelled against the petitioner was that in the capacity of Chief Executive Officer, he had made certain transfers of Siksha Karmis for which he was not authorized and the charge no.2 was that the petitioner in the capacity of CEO, Janpad Panchayat, Datia had illegally issued transfer order of 12 Siksha Karmis, which was beyond his jurisdiction and accordingly, the conduct of the petitioner was found to be violative of M.P. Civil Services (Conduct) Rules punishable under M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. According to the respondents, on 15/1/1999 the petitioner had issued a transfer order of 7 Siksha Karmis and thereafter, by order dtd. 24/4/1999 the earlier order dtd. 15/1/1999 was recalled. Therefore, this act of the petitioner comes within the definition of irregularity. Similarly, so far as charge no.2 is concerned, it was alleged that the petitioner by order dtd. 9/11/1998 had issued transfer orders of 12 Siksha Karmis and thereafter by order dtd. 9/2/1999 he amended the order dtd. 9/11/1998, whereas the amendment of the posting order of 17 Siksha Karmis after a long period would certainly come within the definition of transfer, for which he had no jurisdiction.

(3.) Petitioner denied the charges and submitted his reply. In reply, it was submitted that applications were made by lady Siksha Karmis and, accordingly, he had attached them to different places, which was merely an arrangement and not a transfer order, however, the then Collector, Datia in his monthly meeting had instructed that the attachment should be cancelled and accordingly, the order of attachment of 7 Siksha Karmis was cancelled and they were directed to serve at their original places.