NARENDRA KUMAR SAMADHIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant Writ Petition under Article 226 of Constitution of India has been filed seeking following reliefs:-

(2.) Learned counsel for petitioner submitted that petitioner was appointed on the post of Constable on 08/01/1995. Thereafter, he was promoted to the post of Head Constable on 15/03/1993. In the year 20032004, a committee was constituted to look after the construction work of Petrol Pump of Battalion wherein the platform and the showroom were to be constructed and the committee was constituted to look after the construction work in which Shri Parminder Singh Saini, Asstt. Commandant, 17th Battalion Bhind was made as the President and Shri Phool Singh Tomar, Company Commander, Shri Dhanpat Dohare, Platoon Commander, Shri Vakeel Singh, Sec. Commander and the petitioner were made as members of said committee. The construction work was carried out in the year 200304 in which the cost incurred was Rs.4,20,050.00 and the payment was made by the then Commandant.

(3.) Subsequently, in the year 2007, the then Commandant wrote a letter to the Public Works Department to conduct physical possession for valuation of the cost of petrol pump building and the report was submitted by order dtd. 21/09/2007 by the Executive Engineer, Public Works Department in which the valuation was quoted to be Rs.2,71,000.00 and on the basis of which the preliminary enquiry was conducted by the department and thereafter, the charge-sheet dtd. 27/11/2009 has been issued. Thereafter, enquiry officer and the presenting officer were appointed. The enquiry report was submitted by enquiry officer in which both the charges against the petitioner were not found to be proved. Thereafter, respondent No.4 disagreeing with the findings of enquiry officer sent the matter again for re/fresh enquiry by appointing Shri P. L. Luhariya, Assistant Commandant, 17th Battalion, Bhind as an enquiry officer.