DEV VRAT MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has called in question the legality, validity and propriety of the disciplinary proceeding which ended with punishment order dated 10/10/2012 (Annexure P-10).

(2.) The brief facts narrated by the petitioner are that petitioner was served with a charge sheet under Rule 14 of MP Civil Service (CCS) Rules 1966. The charge sheet is founded upon two charges wherein, it is alleged in the investigation of Crime No. 220/2002 the petitioner had acted with negligence and shown dereliction of duties, which violates Rule 3(1) of the Conduct Rules of 1965. Secondly, it is urged that petitioner in connivance with another officer, lost a cassette, which was a material evidence for the prosecution. Since the said cassette was lost because of petitioner's negligence and connivance with another officer namely Shri N.K. Parihar, the prosecution was left with no option but to file the closure report before the competent court on 24/11/2008.

(3.) The petitioner denied the charges and thereafter, an inquiry officer was appointed to inquire into the charges. Shri Praveen Dubey, learned counsel for the petitioner contended that as many as 11 prosecution witnesses entered the witness box and deposed their statements.