ER.ANAND K. SONI Vs. CHAIRMAN MANAGING DIRECTOR

JUDGEMENT

(1.) Since both the Petitions have been filed on identical issues, therefore they are being decided by this common Order. For the sake of convenience, the facts and documents are referred from Writ Petition No.6640/2018.

(2.) The Petitioner was working as Assistant Engineer in Respondent/M.P. Power Transmission Company Limited, a State owned Power Transmission Company. He has been dismissed from service vide Order Annexure P-16 dtd. 26/9/2016 and the Appeal against the termination Order has been rejected vide Order dtd. 15/11/2018 and Review against the said Order has been rejected on 16/5/2020. Though the appellate Order is on the ground of delay in filing the Departmental Appeal but the Reviewing authority while disposing off the Review vide Annexure P-6 has considered all the merits of the case and therefore, once the Reviewing authority has considered the merits of the case, this Court does not deem it appropriate to remand the matter to the Appellate authority to decide the appeal on merits, though appeal was rejected on ground of limitation only.

(3.) The facts necessary for disposal of present Petition are that the Petitioner was visited initially with a show cause notice Annexure P-2 dtd. 28/10/2014 levelling various allegations against the Petitioner and subsequently, a Charge sheet Annexure P-7 dtd. 12/2/2014 was issued to the Petitioner levelling as many as 10 charges against the Petitioner. Departmental enquiry ensued and the Enquiry Officer vide Enquiry report Annexure P-13 found the charges to be proved which was followed by dismissal order Annexure P-16 dtd. 26/9/2016 against which appeal has been rejected on the ground of limitation on 15/11/2018 but the reviewing authority on 16/5/200 has dismissed the review on merits, therefore the merits of the matter have also been considered.