M.K. RAI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this common order, both the petitions are being decided. Petitioner has questioned in these petitions the impugned order (Annexure P.1) dated 16th March, 2005 issued by respondents whereby minor penalty of Censure was imposed upon him as per Rule 31(1) of the Madhya Pradesh Municipal Service (Executive) Rules, 1973 (for short "the Rules") by virtue of power prescribed under Rule 32(1) and for quashment of impugned order of respondents dated 26 -3 -2004 (Annexure P.1) in WP(s) No. 1561/2005.

(2.) THE necessary facts for disposal of both the petitions are as follows:

(3.) THAT the petitioner was Chief Municipal Officer posted at Nagar Palika, Datia in the year 1991. Because of irregularities committed by him he was served with charge -sheet on 25 -1 -1991. Petitioner submitted his reply and on this reply respondents sought opinion from Dy. Director, Urban Administration and Development, Gwalior Region. According to the opinion furnished by Dy. Director, it is said that petitioner without calling Tender, started work and also got its completion as per announcement made by concerned Minister and Collector. If petitioner would have called Tender, the work would have not been completed as announced by the concerned Minister. The petitioner performed work as per direction issued by the Administrator but the charge levelled against the petitioner is that he should have apprised about Rules and direction to the President but work was done after obtaining order from the President.