S.K.SAKUNIA Vs. GENERAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) BY this writ appeal, the appellant is challenging the order dated 11.5.2015 passed by the learned Single Judge of this Court in Writ Petition No.7671/2014.

(2.) BRIEF facts of the case are that one day prior to the date of retirement of the appellant, a charge sheet was issued on 30.11.2013. the appellant challenged the said action of the respondents by filing Writ Petition No.7671/2014. Learned writ Court, relying on the decision of the apex Court in the case of Union of India v. Kunisetty Satyanarayan, reported in (2006)12 SCC 28, so also the fact that charge sheet was issued by the competent authority and he was fully competent to issue charge sheet on the last date of his retirement, keeping in view the Madhya Pradesh Civil Services (Classification. Control and Appeal) Rules, 1966. declined admission of the writ petition and directed the respondents to conclude the departmental enquiry, as early as possible, within a period of six months from the date of receipt of certified copy of the order.

(3.) LEARNED senior counsel for the appellant submits that there is a delay of two years in -deciding the departmental enquiry. He submitted that on 30.11.2013, charge sheet was issued and till today, no enquiry has been initiated. In support of the aforesaid, he has drawn our attention to the decision of the apex Court in the case of P.V. Mahadevan v. M.D. Tamil Nadu Housing Board, reported in AIR 2006 SC 207, wherein there was an inordinate and unexplained delay of ten years in issuance of charge memorandum.