YOGIRAJ SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) Calling in question tenability of an order dated 15.1.2014 passed by the Writ Court in W.P.No.550/2014, appellant has filed this writ appeal.

(2.) Appellant was working as a Director in the Public Health & Family Welfare Department. A charge-sheet was issued to him under the provisions of M.P. Civil Services (Classification, Control & Appeal) Rules 1966 (hereinafter referred to as the 'Rules 1966') and, thereafter, a departmental enquiry was conducted and it seems that the enquiry officer submitted a report giving his finding. After the enquiry was concluded, it seems that based on certain investigation and enquiry conducted by the Lokayukt also, a show cause notice, under Rule 10 (3) of the Rules 1966, was issued to the appellant on 24.9.2013. The appellant was directed to give his say in the matter within seven days. When the aforesaid notice was issued, appellant submitted a reply and sought for the report of the enquiry officer to enable him to submit his reply.

(3.) However, when nothing was done and no communication was made, on 2.11.2013 asking him to submit his reply, again a show cause notice was issued to the appellant. The appellant again sought a copy of the enquiry report and specifically stated in the same that he has been informed that he was exonerated in the departmental enquiry and, therefore, he wants the report of the enquiry officer to give his say in the matter. However, when nothing was done, the writ petition was filed for quashing the show cause notice.