RAJKUMAR PANDEY Vs. BOARD OF MADHYA PRADESH SECONDARY

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking the following reliefs:-

(2.) AFTER holding a departmental enquiry the petitioner was punished by retiring him compulsorily vide Annexure P-1 dated 15.10.1996 passed by respondent No. 2. Petitioner assailed the order by preferring a departmental appeal which has also been rejected vide Annexure P-2 dated 7.2.1997.

(3.) PETITIONER denied the charges and thereafter the departmental witnesses were examined. In the departmental inquiry Bhim Bahadur, Sheikh Bazeer and Ganesh Ram were examined. All these witnesses are the Chowkidars. Apart from these witnesses, two more witneses Brijbhushan Saitode and V.K. Dixit were also examined. The inquiry officer found that the charges are not found proved 100%, but came to the conclusion that petitioner cannot be exonerated and according to the report of the inquiry officer (Annexure P-8) it is found that the petitioner was indulged in some illegal activities. The inquiry report was forwarded to the disciplinary authority, who on perusal of it vide Annexure P-1 passed the impugned order retiring the petitioner compulsorily. The departmental appeal which was filed by the petitioner was also dismissed. Hence, this petition has been filed.