SHYAM MANOHAR ASTHANA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 30-5-2006 by which the respondents have imposed a punishment of compulsory retirement on the petitioner who was a Range Officer in the Forest Department, with retrospective effect from 31-1-1993. The brief facts, leading to the filing of the present petition, are that the petitioner was working in the Forest Department as Range Officer. While in service, departmental proceedings were initiated against the petitioner by issuance of a charge-sheet dated 20-1-1986 and he was placed under suspension. The order of suspension was quashed by this Court in W.P. No. 1444/86 decided on 4-7-1987. A Departmental Enquiry was initiated against the petitioner on the charges relating to non handing over of charge; of not properly recording and transferring a sum of Rs. 18,091/- and Rs. 2,164/- in the relevant record; using inappropriate language against the higher authorities and non-submission of daily diary.

(2.) The petitioner on quashing of the order of punishment by this Court submitted rejoining on his post on 14-7-2004, by Annexure P/20, but he was not taken back in service. The respondents then served a notice dated 25-6-2004 along with a copy of enquiry report upon the petitioner asking him to submit a detailed reply, pursuant to which he filed a detailed reply to the enquiry report on 2-7-2004 and was also given an opportunity of personal hearing on 11-1-2005.

(3.) The respondents/authorities thereafter sought an opinion from the M.P. Public Service Commission as to whether the petitioner could be punished with retrospective effect from 1993. The P.S.C. in its reply dated 3-5-2006 Annexure P/24 stated that, while legally the petitioner could not be compulsorily retired w.e.f. 1993, however, in view of the opinion to the contrary given by the General Administrative Department, approval of the proposed punishment was granted by the PSC, pursuant to which the respondents have passed the impugned order dated 20-5-2006 reimposing the punishment of compulsory retirement upon the petitioner with retrospective effect from 31-1-1993. Being aggrieved by which the present petition has been filed.