MOHD. CHANDKHAN Vs. SUB-DIVISIONAL OFFICER (REVENUE), SHAJAPUR

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 24.4.2001 passed by respondent No.2, by which the penalty of withholding one increment with cumulative effect was issued. Petitioner has also challenged the order dated 26.3.2002 passed by respondent No.3 Annexure A -1 in appeal affirming the order of respondent No.2.

(2.) IT is the case of petitioner that he was served with a charge -sheet alleging three allegations for committing misconduct. The reply was submitted by him and thereafter an enquiry was held.

(3.) COUNSEL for the petitioner submits that respondents have acted in gross violation of Rule 15 (1), (2) of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. It is submitted by him that if the Enquiry Officer has not found proved the charges of misconduct then respondent No.2 either record it's own finding, on the basis of material available on record to prove such charges, otherwise disciplinary authority should have passed an order for further enquiry from the stage of the recording of the evidence.