R K GOYAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against the order dated 27-4-2006 passed by the learned single Judge in MCC No. 794/2006.

(2.) THE facts briefly are that by an order dated 13-3-2006 of the State government, Department of Urban Administration and Development, the appellant was placed under suspension. In the said order dated 13-3-2006, it was stated that since the appellant had not submitted his reply against the charge-sheet, which was issued to him, he was placed under suspension. Aggrieved by the said order dated 13-3-2006, the appellant filed Writ Petition No. 4042/2006 (s) under Article 226 of the Constitution of India before the learned Single judge and the learned Single in his order dated 20-3-2006, found that the appellant had already filed a reply against the charge-sheet before the order of suspension was passed and accordingly, directed that the order of suspension shall remain in abeyance and the Chief Secretary will consider the matter and pass suitable order keeping in mind that justice should not only be done, but it should also appear to have been done.

(3.) THEREAFTER, the respondents filed a review petition (MCC no. 794/2006) against the order dated 20-3-2006 and by order dated 27-4-2006, the learned Single Judge set aside his earlier order dated 20-3-2006 in W. P. No. 4042/2006 (s) after having found that the so called reply of the appellant was not really a reply but a preliminary objection to the charge-sheet. By the said order dated 27-4-2006 in MCC No. 794/2006, the learned Single Judge further directed that the Writ Petition No. 4042/2006 (s) be listed for hearing on the question of admission.