RAM SHARAN VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition against the order dated 27 -4 -2005 which is Annexure P/13 to the petition. This -order has been passed in compliance to the judgment passed by this Court on 9 -11 -2004 in W.P. No. 8088/2003 by which this Court directed the appellate authority to pass a speaking order on the appeal preferred by the petitioner.

(2.) THE petitioner earlier filed a case before the State Administrative Tribunal which was registered as O.A. No. 643/93 wherein he challenged the order of removal from service which was passed on 30 -11 -1991. The petitioner preferred an appeal against the order of dismissal which was rejected by an order dated 12 -1 -1993 by the appellate authority. The said order was challenged by the petitioner in the earlier petition referred to hereinabove therefore, this Court directed the appellate authority to pass a speaking order.

(3.) THE petitioner submitted reply to the charge -sheet which is Annexure P/3 to the petition. Thereafter, a departmental enquiry was conducted by the Enquiry Officer. The Enquiry Officer was appointed by an order dated 8 -5 -1990. The Enquiry Officer examined Shri Devraj Tiwari, Shri Shivkumar Pandey, Shri Bela and Shri Mustari as a witnesses in support of the charges. The petitioner was also given an opportunity to examine the defence witnesses but he did not examine any witnesses. The Enquiry Officer submitted his report which is Annexure P/6 to the petition. The Enquiry Officer held the petitioner guilty of Charge No. 1 fully. For Charge No. 2, the petitioner was partly found guilty. So far as Charge No. 3 is concerned, the said charge was also found proved against the petitioner.