OM PRAKASH DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) Since pleadings are complete and counsel for the parties are ready to argue the matter finally, therefore, it is finally heard.

(2.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is questioning validity of orders dtd. 26/7/2017 (Annexure P/6) and 4/7/2018 (Annexure P/9) passed by the Disciplinary authority as well as the Appellate authority whereby after issuing the charge-sheet and conducting departmental enquiry, punishment of removal from service was inflicted upon him. The petitioner is assailing the orders mainly on the ground that the reply submitted by him to the charge-sheet issued and stand taken therein was not considered by the Disciplinary authority and also by the Appellate authority.

(3.) Counsel for the petitioner has submitted that there was only one charge levelled against the petitioner alleging misappropriation of fund relating to construction of toilets under the scheme of the Government. He has submitted that petitioner has filed the reply and taken a stand therein that the charge levelled against him was without any foundation and he has not committed any misappropriation of fund. As per the reply, whatever amount was sanctioned has been spent and as such, nothing was misappropriated. He has further submitted that petitioner got transferred from Gram Panchayat, Sewasani to Gram Panchayat, Baroda on 19/8/2014 but he was held responsible for the delay and illegality committed in the construction work which was continued even after transferring him to some other Gram Panchayat. He has further pointed out that in the enquiry though he has been held responsible for committing illegality and misappropriation of fund but the said amount i.e. Rs.26,200.00 was returned by the then Sarpanch that too, after transferring the petitioner.