H.S. GOUR VISHWAVIDYALAYA Vs. GOPAL KISHNA GUPTA

JUDGEMENT

(1.) CALLING in question tenability of an order dated 6.07.11 passed by the Writ Court in W.P. No. 1000/03 allowing the writ petition filed by the respondent employee, this appeal has been filed by the University under Section 2 of Madhya Pradesh Uchcha Nyayalaya Ke Khand Peeth Ko Appeal) Adhiniyam, 2005.

(2.) FACTS in nut -shell goes to show that respondent Gopal Krishna Gupta was working in the University in the Dr. Hari Singh Gour Vishwavidyalaya, Sagar. He was a Laboratory technician and vide order dated 11.05.2000, he was suspended on the ground of his unauthorized absence. Thereafter, a charge -sheet was issued to him and a departmental enquiry was conducted into the allegations levelled in the charge -sheet. Further, neither the result of the departmental enquiry was made known to the respondent nor is any punishment order issued. In pursuance to the report of the enquiry officer, an order was passed on 4.02.02 by which he was reinstated in service and when he was reinstated in service, he has been deprived of full wages during the period when he remained under suspension.

(3.) INTER alia contending that he has been punished without any enquiry, infact no proper enquiry was held and even the report of the enquiry officer has not been supplied to him and by making the bald averments without conducting any enquiry the action was taken, the writ petition was filed.