V P GIDRONIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner in this case prays for the issue of a writ of certiorari for quashing an order dated the 7th May, 1964, of the State Government suspending him pending an enquiry on certain charges against him and for quashing a notice issued to him on 1st August, 1964, asking him to file his reply to the charges which are the subject-matter of the enquiry. He also prays that a direction be issued to the opponents prohibiting them from proceeding with the departmental enquiry against him.

(2.) THE petitioner is a probationary Naib Tahsildar While he was posted in 1961 at bilaigarh, the Commissioner, Raipur Division, passed an order for the holding of an enquiry against him on as many as thirteen charges, and also made an order on 3rd August, 1961, suspending him pending the departmental enquiry. Later on, it came to the notice of the Government that the Commissioner. Raipur Division, was not competent to order a departmental enquiry against the petitioner with a view to impose on him a major punishment, and the orders passed by the commissioner directing the holding of a departmental enquiry and suspending the applicant were invalid. Therefore, on 7th May, 1964, the Government passed two orders, one setting aside the Commissioner's order, dated the 3rd August, 1961, suspending the petitioner and another placing him again under suspension pending the departmental enquiry ordered this time by the Government itself. On 1st August, 1964, a notice was issued to the petitioner to file his reply to the charges framed against him.

(3.) IN the meantime on 6th June, 1964, the petitioner gave a notice to the government for the purpose of putting an end to his services. That notice was received by the Government on 9th June, 1964. The material portion of the notice ran as follows: