MAHENDRA SINGH THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition challenging the order of dismissal Annexure P-2 dated 8.2.1999 and also dismissal of his appeal.

(2.) THE petitioner was charge-sheeted vide memo dated 26.2.1996 when he was working as Assistant Development Officer, Block Ghatia, District Ujjain for some financial irregularities. Four charges were levelled against the petitioner that he misused the amount of Rs. 47,926.55 and also there were financial irregularities with regard to amount of Rs. 1,29,739.10 and other financial irregularities. The departmental enquiry was completed ex party. The enquiry officer found the charges proved against the petitioner. Thereafter, a show cause notice was issued to him and order of punishment of dismissal was awarded to him vide order dated 8.2.1999. Against the aforesaid order, he preferred an appeal and the appellate authority vide order dated 6.4.2002 partly allowed the appeal, suspended the order of dismissal of the petitioner and remanded the matter back to the Commissioner, Ujjain for completing the departmental enquiry within a period of two months. It was observed by the appellate authority that the ex-party enquiry was against the rule of natural justice. Hence, the proceedings of ex-party enquiry are hereby quashed.

(3.) LEARNED counsel for the petitioner has submitted that the order of punishment and the second enquiry report of the enquiry officer is against the law and findings recorded in the second enquiry report are perverse. Contrary to this, the learned Government Advocate has submitted that earlier only, the enquiry was suspended by the appellate authority. The petitioner did not participate in the enquiry proceedings. Hence, the second enquiry officer has rightly been found the charges proved against the petitioner.