VIRENDRA KUMAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioner has called in question the legality, validity and propriety of the charge sheet Annexure P 1 and P1 A. At the relevant time, the petitioner was working as Sub Divisional Officer. By order dated 29.6.2012 it was directed that disciplinary proceedings be initiated against the petitioner. The charge sheet Annexure P1 A dated 16.5.2011 was issued. In this charge sheet the singular charge against the petitioner was made which reads as under: .........[vernacular ommited text]...........

(2.) SHRI Prashant Sharma, learned counsel for the petitioner submits that the petitioner decided the Case No. 18/A 6 A/2006 2007 while acting as a quasi judicial officer. In the charge sheet, there is no allegation of any ulterior motive, favouring the litigant, adopting corrupt practice etc and, therefore, for rendering even a wrong decision in a quasi judicial capacity, he cannot be subjected to disciplinary action. This order passed by the petitioner dated 3.1.2009 was set aside by the revisional authority (Collector). The Collector in his revisional order has not passed any remarks/strictures against the petitioner. Against the order of Collector, a revision is pending before the Commissioner. By relying on Collector's order dated 12.6.2012, it is contended that even Collector opined that no disciplinary action needs to be taken against the petitioner. The decision of disciplinary authority/ Commissioner is awaited and till such time, in the fitness of things, no action be taken against the petitioner.

(3.) PER contra, Shri B.Raj Pandey, Govt. Advocate submits that at this stage no interference is required by this Court. He placed heavy reliance on the imputation of the charges (page 16). On the strength of this, he submits that the petitioner has committed mis conduct. The aforesaid conduct can be established only in a duly constituted disciplinary proceeding and at this stage correctness of charges cannot be gone into/examined.