STATE OF M P Vs. K K SHARMA

JUDGEMENT

(1.) In this writ petition State of M.P. has assailed the order passed by the M.P. State Administrative Tribunal on 23-6-2000 in Original Application No. 1372/98.

(2.) Briefly stated the facts are that Shri K.K. Sharma, the respondent was in the service of Forest Department of State of M.P. He was initially appointed as a Range Officer. Ultimately he came to be promoted as Assistant Conservator of Forest as per order dated 22nd February, 1994 (A-3) with retrospective effect from 7-10-1983, which order was passed in pursuance to holding of a review D.P.C. as per the directions issued by the State Administrative Tribunal in O.A. No. 399/91. He was found fit and suitable for the post of Assistant Conservator of Forest. Consequently his seniority was fixed over his junior and he was given consequential benefits w.e.f. 7-10-1983. However, back wages were not given. Therefore respondent filed another O.A. No. 792/95 for non-compliance of the order and for giving consequential benefits w.e.f. 7-10-1983. The respondent was promoted as Assistant Conservator Forest vide order dated 1-3-1996. Six months after his joining at Guna he was transferred vide order dated 3-9-1996 (A-6) to Balaghat. He filed a writ petition. The Principal Secretary, Forest got annoyed owing to the petitioner's filing writ petition. One journalist had filed a complaint about the financial irregularities against the respondent at the time when he was posted at Guna. The allegations were not substantiated. Superintendent of Police Lokayukt, Gwalior recommended for filing final report. Even then a challan under Prevention of Corruption Act was put up and he was placed under suspension as per order dated 15-6-1996 (A-9). Respondent filed a representation, however he was compulsorily retired without awaiting the decision of the Special Court in pending criminal case. Respondent filed a representation, which was not attended to.

(3.) Stand of the State in the return was that order of compulsory retirement was passed in the public interest under Rule 42(1) (b) of the M.P. Civil Services (Pension) Rules, 1976 read with F.R. 56. There were several complaints received against Shri K.K. Sharma. Case under Prevention of Corruption Act was filed before the Competent Court. The representation was considered and rejected. Respondent was placed under suspension for not joining at Khandwa. Committee has considered the case in accordance with law. No interference in the order of compulsory retirement is made out.