KAILASHVAN GOSWAMI Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition was filed before the M. P. State Administrative tribunal assailing the validity of the order of disciplinary authority dated 25-2-1999 retiring him compulsorily after a regular departmental inquiry and to assail the orders passed in appeal on 27-3-1999 and in mercy appeal on 11-10-1999. On abolition of the Tribunal, it is received to this Court for final adjudication.

(2.) IT is the case of petitioner that he was recruited as Constable on 15-11-1972 in district Jhabua. While he was posted in DRP Line, a notice dated 16-3-1998 was served with the allegation of contracting the another marriage with one kalawati while his earlier wife Smt. Suganabai is alive, which is in contravention to Rule 22 (1) of Madhya Pradesh Civil Services (Conduct) Rules, 1965, (hereinafter it be referred as "rules of 1965") however, penalty of stoppage of one increment for one year was proposed. The petitioner has not filed the reply due to his ailment, however respondent No. 4 by passing the order dated 4-6-1998 cancelled the said show cause notice and decided to hold a regular departmental inquiry to which a charge-sheet was issued levelling the following charge :-

(3.) PETITIONER has filed the reply, thereafter an inquiry was conducted by inquiry officer, who has submitted its report Annexure-A/9 dated 18-12-1998 and the charge as levelled against petitioner was found proved. After issuing a show cause notice, and on filing the reply, the order dated 25-2-1991 Annexure-A/1 inflicting penalty of compulsory retirement was passed. The appeal and the mercy appeal preferred by him were rejected vide order dated 27-3-1992 annexure-A/2 and the order dated 11-10-1999 Annexure-A/3.