NAVEET KUMAR SHAH Vs. STATE OF M.P.

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the petitioner, an Ex-Assistant Engineer, has called in question the legality, validity and propriety of the punishment order dated 28.9.2004 whereby the punishment of dismissal from service is inflicted on the petitioner. The petitioner was served with a charge sheet dated 31.7.2002 (Annexure P-6). In turn, the petitioner submitted his reply on 10.9.2002. The department was not satisfied with the reply of the petitioner and, therefore, by order dated 11.3.2003 (Annexure P-8), appointed an enquiry and presenting officer. The enquiry officer conducted the enquiry and submitted his report dated 14.1.2004. Out of six charges alleged against the petitioner, five are found proved and one charge (charge No.4) is found partially proved. In response to the show cause notice, petitioner submitted his detailed representation against the enquiry officer's report. Thereafter, the disciplinary authority after taking approval from the M.P. Public Service Commission, passed the impugned order of punishment.

(2.) Shri D.K.Katare, learned counsel for the petitioner, assailed the disciplinary proceedings on following counts:-