JAYSHREE NANDESHWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER who was a Judicial Officer has filed this writ petition challenging the orders Annexures P/1 and P/

(2.) PASSED by the Disciplinary Authority and the Appellate Authority respectively removing her from service. 2. The Disciplinary Authority vide Annexure P/1 dated 22.1.2008 imposed the punishment of dismissal from service after conducting a departmental enquiry into certain allegations of misconduct committed by the petitioner. On an appeal being filed vide order Annexure P/2 dated 19.8.2008 the Appellate Authority has modified the punishment to that of removal from service.

(3.) HOWEVER , while she was working at Manawar a charge sheet Annexure P/6 was issued to her on 8.4.2006, wherein five allegations of imputations were made vide Annexure P/7 and the list of witnesses and documents by which the allegations were proposed to be proved were indicated in Annexure P/8, P/9 respectively. Petitioner is said to have submitted her reply to the charge sheet on 23.6.2006 vide Annexure P/10. But being not satisfied with the reply a departmental enquiry was ordered. Shri M. K. Mudgal, the then District and Sessions Judge, Ratlam was appointed as a Enquiry Officer. The enquiry was conducted in which 8 witnesses were examined on behalf of the prosecution, two defense witnesses were examined and various documents were also exhibited. Thereafter, the Enquiry Officer submitted his report vide covering memo Annexure P/12 on 1.10.2007 and the detailed report of the Enquiry Officer is Annexure P/13. In his report the Enquiry Officer held charge No.(ii) and (v) as not proved, however, charge No.(i), (iii) and (iv) were found to be proved. Based on the findings of guilt recorded by the Enquiry Officer a show cause notice dated 15.10.2007 was issued and finally, the petitioner was dismissed from service vide order Annexure P/1 on 29.1.2008. She preferred an appeal vide Annexure P/15. The appeal was decided vide Annexure P/2 on 19.8.2008 and the punishment of dismissal from service was modified to that of removal from service. Challenging the orders Annexure P/1 and P/2 this writ petition has been filed.