KAILASH BUNDELA Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been filed seeking quashing of order rejecting the request of petitioner for not initiating departmental enquiry and also for quashing of chargesheet dtd. 29/4/2019 (Annexure P/9).

(2.) The petitioner, at the time of discharging his duties as Additional Collector granted permission exercising the power provided under Ss. 165(6) and 165(7-b) of the Madhya Pradesh Land Revenue Code, 1959 (for brevity 'Code of 1959') and it is alleged that the said permission has been given by the petitioner by not following the due procedure and thereby causing loss to the Government exchequer and it is also alleged that he was not competent to grant such permission, and as such, chargesheet was issued to the petitioner containing as many as 13 charges. After issuing chargesheet, an enquiry was initiated against the petitioner which was challenged by him by filing this petition but no interim order has been granted to him and the departmental proceeding is still going on.

(3.) As per learned counsel for the State, the prosecution witnesses have been examined and defendants are to be examined and thereafter final order would be passed.