BADRI PRASAD RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this petition, the petitioner has called in question the order of the disciplinary authority and the appellate authority. The petitioner was served with a charge sheet on 2.2.1999. After enquiry, the charges were found proved and, therefore, the disciplinary authority imposed the punishment of stoppage of two increments without cumulative effect. In appeal, the appellate authority modified the punishment and inflicted the punishment of stoppage of one increment without cumulative effect.

(2.) SHRI D.S.Raghuvanshi, learned counsel for the petitioner, by placing reliance on Section 28 -A of the Representation of People Act, 1951 submits that the petitioner was appointed as a Presiding Officer for the election and, therefore, it was not open for the disciplinary authorities to initiate disciplinary proceedings and punish him in view of the protection available to him under Section 28 -A aforesaid. In addition, it is submitted that the petitioner was on leave much before commencement of the election and submitted the said leave application much in advance and, therefore, he cannot be held guilty.

(3.) NO other point is raised by the learned counsel for the parties.