DURGA SINGH CHANDEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India challenging impugned orders dtd. 6/6/2025 (Annexure-P/1) and 5/12/2024 (Annexure-P-1/A and P-1/B).

(2.) By impugned orders, petitioner who was working as Assistant Revenue Inspector in Municipal Council, Khirkiya District-Harda (MP) was dismissed from service after completing 28 years of service.

(3.) Learned counsel appearing for petitioner submitted that no full-fledged departmental enquiry was conducted. No charges were framed. No notice of enquiry was received by petitioner. No evidence was adduced and notice of imposing major penalty was not served upon him. Petitioner was tried in a criminal case under Sec. 498-A of the IPC and under Sec. 4 of the Dowry Prohibition Act. He was convicted by the trial Court and he had preferred an appeal before High Court. In said appeal his sentence was suspended. All of a sudden in July, 2024 order of dismissal from service was passed without conduct of departmental enquiry. It cannot be said that petitioner has violated Rule 35(1) of the Madhya Pradesh Nagar Palika Karmchari (Bharti Tatha Seva Sharte) Rules, 1968. It is submitted that impugned orders are contrary and in violative of law and deserves to be set aside. Prayer is made for quashing impugned orders and reinstatement of petitioner in service with all consequential benefits.