SUKHRAM MUWEL Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of parties, finally heard.

(2.) The challenge is mounted in this petition filed under Article 226 of the Constitution of India to the punishment order dtd. 16/7/2021 (Annexure P-1).

(3.) It is pointed out that petitioner was served with a show cause notice dtd. 18/1/2021 (Annexure P-2). In turn, petitioner filed his reply dtd. 11/2/2021 (Annexure P-3) and denied the allegations and submitted his defence on merits. The disciplinary authority by order dtd. 16/7/2021 (Annexure P-1) opined that petitioner in his defence could not produce any solid evidence and therefore, the punishment of stoppage of two increments without cumulative effect is imposed. By placing reliance on the judgment of O.K. Bhardwaj v. Union of India and Ors., (2001) 9 SCC 180, it is submitted that in a case of this nature, the departmental enquiry should have been conducted.