RAJBAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition, the delinquent employee has prayed for quashing of orders (Annexures A-14 and A-16) passed by the Disciplinary Authority and Appellate Authority respectively whereby he has been inflicted with a penalty of dismissal from service.

(2.) THE petitioner was working on the post of Sub-Inspector (Ministerial ). He was charge-sheeted. Six charges were levelled against the petitioner. The enquiry officer in his report found charge Nos. 1,2, 3,4 and 6 fully proved and charge No. 5 partially proved against the petitioner. The Disciplinary Authority, respondent No. 3, accepted the report of the enquiry officer and passed the order of punishment as mentioned above. The order of Disciplinary Authority is Annexure A-14. The Appellate Authority, respondent No. 2, also dismissed the appeal of the petitioner by order dated 20-1-1997 (Annexure A-16 ).

(3.) SHRI Ashish Pathak, learned Counsel for the petitioner, has submitted that the order (Annexure A-16), passed by the Appellate Authority, respondent No. 2, is not a speaking order and as such it is liable to be quashed. The learned Government Advocate has fairly conceded that the said order is not a speaking order.