MITHUN SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked Article 226 of the Constitution of India, challenging the order dtd. 16/6/2020 passed by respondent no.3, whereby he has been dismissed from service on account of certain misconduct found proved in the departmental enquiry. He has also challenged the order dtd. 7/1/2021, passed by respondent no.2, whereby his appeal against the punishment order has been dismissed. The petitioner has also prayed for direction to respondents to reinstate him in service with consequential benefits.

(2.) The petitioner was initially appointed as Patwari on 4/3/2014 and was posted at Harlka No.3, village Khanpura, Tehsil Kumbhraj, District Guna. At the relevant time, he was posted at Halka No.20- Sanai, Tehsil Kumbhraj, Guna. On account certain complaint of taking bribe, a show cause notice was served to the petitioner on 8/6/2019. It was alleged that certain villagers of village Sanai have made a complaint against him that he took Rs.42000.00 for preparation of BPL card, for mutation of their names by correcting revenue records, but did not do their work. The petitioner submitted reply to the show cause notice on 11/6/2019, denying the allegation made against him. On the same day i.e. on 11/6/2019, he was placed under suspension.

(3.) Later on, the petitioner was served with a charge-sheet on 19/7/2019, Annexure P/8, whereby three charges were leveled against him. Apart from the charge of taking bribe, as alleged in show cause notice, two more charges were levelled against him. The charges would be discussed in later part of this order. The petitioner submitted reply to the charge-sheet on 4/9/2019, denying the charges. Accordingly, Tehsildar Chachoda was appointed as enquiry officer while Tehsildar Kumbhraj was appointed as presenting officer. The departmental enquiry was conducted by enquiry officer and submitted his report on 10/12/2019, Annexure P/13. In the enquiry report, all the charges were found proved against the petitioner.