ASHOK KUMAR Vs. DISTRICT AND SESSIONS JUDGE, BETUL

JUDGEMENT

(1.) This matter was dismissed twice for want of prosecution i.e on 28/7/2015 and thereafter on 9/11/2021, however, the same was restored vide order dtd. 18/2/2016 (M.C.C. No.581-2016) and 9/11/2021 (M.C.C No.1863-2021). The same was called for final hearing on 28/3/2022. Since nobody appeared, therefore, we directed to keep it for hearing on 29/3/2022. On 29/3/2022 also nobody appeared for the petitioner even when the matter was called out in the second round. Under such circumstances, since the petition is pending for last 20 years, we are left with no option except to decide it on merits with the assistance of learned Senior Counsel appearing for the respondent and on the basis of material available on record. Hence, we proceed to decide the same.

(2.) The petitioner has filed the instant writ petition challenging the notice dtd. 19/8/2002 (Annexure P-1), the order of rejection of his representation dtd. 18/11/2002 (Annexure P-11) and another order dtd. 18/11/2002 (Annexure P-12), whereby, he has been compulsorily retired.

(3.) The facts of the case are that the petitioner was appointed as Process Writer vide order dtd. 18/6/1977. He was promoted as LDC on 28/10/1978 and was further promoted as A.G.-II with effect from 9/4/1993. Since then he was working on the post of A.G-II under the Establishment of District and Sessions Judge, Betul. He submits that on 28/9/1999, he was served with the charge sheet for the alleged misconduct. The same was replied by him on 14/10/1999 and, thereafter, neither any inquiry officer was appointed nor any departmental inquiry was held, therefore, the matter stood closed.