D. P. TIWARI Vs. STATE OF M. P.

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging orders dtd. 20/2/2019 and 6/2/2021.

(2.) Penalty of reduction of pay scale to minimum has been imposed upon petitioner vide order dtd. 20/2/2019. Petitioner preferred an appeal which was dismissed vide order dtd. 6/2/2021.

(3.) Learned counsel appearing for the petitioner submitted that petitioner is working as Sub-engineer in Office of Executive Engineer, Water Resources Department, Dindori (MP). On 25/7/2017, charge sheet was issued to petitioner by one Rajiv Kumar Suklikar who signed as Engineer-in-Chief, however, Rajiv Suklikar was holding substantive post of Chief Engineer which is evident from his order of retirement dtd. 26/12/2019. Petitioner is holding the post of Sub-engineer which is Class-II post. Employee who was getting pay scale of Rs.2000.00 2900/-, he is designated as Class-II employee as per circular dtd. 29/5/1998 As per circular dtd. 12/9/1983 head of department can impose minor penalty on Class-II employees. Petitioner is Class-II employee, therefore, only Engineer-in-Chief has power to impose minor penalty upon him. Rajiv Suklikar has imposed a major penalty on petitioner vide order dtd. 20/2/2019. In view of same, impugned orders dtd. 20/2/2019 and 6/2/2021 be quashed.