S.K.JOSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against issuance of charge sheet dtd. 27/02/2024, whereby a departmental inquiry has been initiated against the petitioner on the allegations that he did not appear before the High Court and did not file the return/reply in WP No.28001/2019 which was disposed of ex-parte against the State on 07/01/2020, directing that the family pension be given to the writ petitioner.

(2.) In brief, the facts of the case are that one Smt. Mukti Mishra filed the aforesaid writ petition No.28001/2019, being wife of late Shri Arun Mishra, claiming family pension. In the aforesaid petition, this Court passed the final order on 07/01/2020 disposing of the petition with a direction to the petitioner to file a fresh representation along with the judgment relied upon by her, and the respondents were directed to decide the same in accordance with law within a period of three months. Subsequently, the representation filed by the said writ petitioner Smt. Mukti Mishra was allowed and it was sent for confirmation to the Commissioner, Commercial Tax Department, who also wrote a letter dtd. 25/11/2020 to the State Government, informing that the appropriate orders be passed to ensure that the family pension is given to the petitioner Smt. Mukti Mishra.

(3.) After attaining the age of superannuation, the petitioner also retired on 31/12/2021. However, petitioner was issued the charge sheet on 27/02/2024 alleging the dereliction of his duties, that an ex-parte order was passed against the State directing the respondents to pay the family pension.