STATE OF M.P. Vs. SHRINIWAS SHARMA

JUDGEMENT

(1.) THE petitioner, State of Madhya Pradesh, through its Secretary has preferred this writ petition under Articles 226 and 227 of the Constitution of India assailing the order of the Madhya Pradesh State Administrative Tribunal, Jabalpur (in short 'The Tribunal') passed in Original Application No. 2317/00 on 22 -1 -2002 and prayed for issue of a writ of certiorari for quashing of the same.

(2.) FOR the purpose of disposal of this petition the facts that are necessary to be stated are that the respondent No. 1, Shriniwas Sharma, was posted as Sub -Divisional Officer, Tendukheda district Damoh and he was having the charge of Tendukheda as well as Jabera Tahsils. While he was posted at the aforesaid places, certain trees were illegally felled by several persons of that concerning areas without obtaining any permission from the Collector as required under sections 240 and 241 of the Madhya Pradesh Land Revenue Code, 1959. Taking note of the same the respondent No. 1 had initiated certain proceedings under section 253 of the said M.P. L. R. Code and after inquiry imposed penalty on the concerned bhumiswamis.

(3.) AS pleaded, subsequently the State Government passed the order dated 28 -12 -1999 under Rule 29 of the Madhya Pradesh Civil Services (Classification Control and Appeal) Rules, 1966 whereby the order of the Commissioner for closing the disciplinary proceeding was cancelled under the powers of the review jurisdiction and departmental enquiry against the respondent No. 1 was reinitiated and he was put under suspension by order dated 13 -4 -2000 in view of the pendency of the departmental enquiry.