S.D.RICHHARIA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition is of the year 2020. Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, it is heard finally.

(2.) The issue involved in the present case is that the petitioner although retired from service on 31/12/2020, received a show cause on 18/12/2020, submitted reply to the said show cause and got charge-sheet served upon him on 23/12/2020. He has filed this petition mainly on two grounds, firstly that the charge-sheet was issued to him by an incompetent authority and secondly that on the same set of facts and charges, earlier he was served with a charge-sheet but being satisfied with the reply submitted by the petitioner, the proceedings were dropped by the Department in the year 2016 and order in this regard got issued on 13/1/2016 (Annexure P/4) but again disciplinary proceeding was initiated which is illegal and is a clear example of double jeopardy.

(3.) To resolve the controversy involved in the case and the question emerges to be adjudicated, it is necessary to reproduce the facts of the case in nutshell which are as under:-