LAWS(MPH)-2013-10-22

SANJEEV DUBEY Vs. STATE OF M.P.

Decided On October 07, 2013
Sanjeev Dubey Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) SINCE these petitions involve similar question of facts and law, on the joint request of the parties, matters are analogously heard and decided by this common order. Facts are taken from W.P.No.4938/12.

(2.) THE petitioner has called in question the legality, validity and propriety of the order of the Additional Sessions Judge, Bhind passed in Case No.172/2007 dated 10.5.2012 in as much as the said Court in para 19 of the judgment gave certain findings against the petitioner. The common ground in all the petitions is that the Court below has passed remarks, gave findings and directed disciplinary action against the petitioner without hearing him. The show cause notice Annexure P 2 dated 6.8.2012 is also called in question on the ground that it is a consequential action based on the findings of the Court (Annexure P 1).

(3.) LEARNED counsel for the petitioner submits that these tests are not satisfied and, therefore, impugned orders are liable to be set aside.