ARVIND SHARMA Vs. STATE OF M. P.

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:

(2.) Short facts of the case are that the petitioner was appointed on the post of Assistant Manager by the Society vide resolution dtd. 11/10/2006 which was confirmed by respondent No.3 vide order dtd. 29/11/2006. In the month of January, 2024, the respondent No.4 had appointed respondent No.7/Dilip Meravi on the post of Manager in the respondent/Society. Immediately, after his appointment, the respondent No.6 had issued six articles of charges to the petitioner as evident from Annexure P/4, dtd. 22/4/2024. After issuance of the charge-sheet, the petitioner duly submitted his reply to the aforesaid charges and denied the charges levelled against him therein. Thereafter, vide letter dtd. 3/8/2024 the Inquiry Officer/respondent No.8 had informed the petitioner to appear in the departmental proceedings on 13/8/2024 at 12.00 PM.

(3.) On 13/8/2024, the petitioner appeared and sought time to adduce further evidence by way of filing an application. Thereupon, time was granted to him and the date for his appearance was fixed on 30/8/2024. In the meantime, a letter dtd. 14/8/2024 vide Annexure P/7 has been received by the petitioner from the respondent/department of preponing of the date for further appearance on 17/8/2024 at about 11.00 AM. But due to the petitioner being ill and was not in a position to appear on 17/8/2024, had sent an application seeking further time for his appearance in the departmental proceedings through e-mail and Whatsapp alongwith his medical certificate. Thereafter, without giving any intimation to the petitioner for his further appearance, only on the basis of report of the Enquiry Officer/respondent No.8, the impugned order dtd. 3/10/2024 has been passed by the respondent No.7 whereby the petitioner was terminated from service. Aggrieved by the aforesaid, the present petition has been filed.