STATE OF M.P. Vs. N.S. CHOUHAN

JUDGEMENT

(1.) In this appeal under Section 2 of the M. P. Uchcha Nyayalaya Khandpith (sic: Khand Nyaypeeth) Ko Appeal Adhiniyam, 2005, tenability of an order dated 27.08.12 passed by the Writ Court in W. P. No. 18818/03 is called in question.

(2.) By the aforesaid judgment, the learned Writ court has quashed the charge-sheet/show-cause notice issued to the respondent under Rule 16 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as 'the Discipline and Appeal Rules').

(3.) Facts in nut-shell goes to show that respondent Shri N. S. Chouhan at the relevant time when the cause of action for initiating the departmental proceedings arose was working as a 'Superintending Engineer' and was Incharge Superintending Engineer in Nowgaon Division Nowgaon. It seems that on account of certain irregularities said to have been committed by him while discharging the duties as an Incharge Superintending Engineer along with the then Superintending Engineer Shri G. P. Pathak, a show-cause notice dated 4.09.97 was issued to him. In this show-cause notice, it was indicated that in the matter of procuring cement and calling tender for procurement of the aforesaid material, three irregularities were indicated.