NIRMAL SINGH CHAUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has challenged order dtd. 20/12/2021 (Anneuxure-P/1), whereby the punishment of withholding four increments with cumulative effect was imposed on him by respondent no.3 on account of certain misconduct found proved in the departmental enquiry. He has also challenged order dtd. 02/05/2023 (Annexure-P/1), whereby his appeal was partly allowed by respondent no.2 and major punishment was substituted by a minor penalty of stoppage of two increments without cumulative effect. The petitioner also challenges the charge-sheet dtd. 20/03/2020 (Annexure-P/9) being without jurisdiction.

(2.) The facts necessary for decision of this case are that the petitioner was initially appointed as Assistant Teacher in respondent-Tribal Welfare Department. He was posted as Warden in Post-Matric Boys Hostel No.2, 3 & 4, Shriram Colony, Lashkar, Gwalior. He was thereafter, transferred and posted as Warden in Boys Hostel, Behat, Gwalior.

(3.) With regard to his working as warden in Post-Matric Boys Hostel No.2, 3 & 4, Shriram Colony, Lashkar, Gwalior, certain complaints of financial irregularities were noticed. A preliminary enquiry was conducted by a committee of six members who prima-facie found the allegations correct. Accordingly, the Collector- respondent no.3 issued a charge-sheet on 20/03/2020 thereby levelling three charges against the petitioner. Charges related to using the amount of scholarship towards maintenance and repairing of the hostel no.2, 3 & 4. It was, thus, alleged that he misused the official funds. The petitioner submitted reply to the charge-sheet on 24/07/2020 (Annexure-P/10) thereby denying the allegations. He stated in his reply that the repairing and maintenance work of hostel was carried out on account of complaints made by the students before the Chief Minister and the same was got done on oral instructions given from time to time by the Assistant Commissioner, Sub-Engineer and the Deputy Collector. He also submitted that amount in question is not used by him for his personal purpose but has been utilized only for the betterment of the hostel.