DHARMENDRA SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has prayed for following reliefs:-

(2.) The parties have fought a long drawn battle in the corridors of the Court. This matter has a chequered history. During the course of arguments, Shri Nagrath, learned Senior Counsel contended that this is the sixth round of litigation because the petitioner's grievances are not redressed by the respondents despite the clear order passed by this Court in WA. No.259/11.

(3.) Draped in brevity, the relevant facts as narrated by the petitioner are that certain lapses were alleged on the part of the petitioner during 1992-93 and 1999. The Lokayukta Organization recommended for initiation of departmental proceedings against the petitioner. In mechanical obedience of said recommendation and without application of mind, a Charge-sheet dated 21-07-2009 was issued relating to the aforesaid alleged lapses. The petitioner assailed this Charge-sheet by filing WP. No.7054/09. The said writ petition was dismissed by this Court on 05-04-2011. Aggrieved by this, WA. No.259/11 was filed, which was decided on 24-06-2011. It is submitted that the action of issuing the Charge-sheet mechanically on the basis of report of Lokayukta Organization was disapproved and in the result the order of writ court was set aside. Liberty was given to the competent authority of State Government to take a fresh decision after examining the said report received from Lokayukta. In turn, the General Administration Department (hereinafter called as 'GAD') obtained opinion from the Urban Administration and Development Department in which the petitioner was working at the relevant time. The said department considered all relevant aspects and opined that no allegations against the petitioner are proved. The GAD also sought opinion from Lokayukta Organization which, in turn opined that they do not have any power to review their earlier stand. This communication dated 19-09-2013 is filed as Annexure P/4. The State Government was advised to take decision in accordance with the judgment of Division Bench in WA. No.259/11. The grievance of the petitioner is that the petitioner is an officer of State Civil Services. He is entitled to be considered for induction in Indian Administrative Services (IAS). Despite being within zone of consideration and eligible, the petitioner's name was not mentioned in the provisional list dated 08-10-2013 because the department treated that the Charge-sheet dated 21-07-2009 is still pending against the petitioner.