LAWS(MPH)-1997-9-104

STATE OF M.P. Vs. R.N. MISHRA

Decided On September 17, 1997
STATE OF M.P. Appellant
V/S
R.N. Mishra Respondents

JUDGEMENT

(1.) IN the year 1974 -75, the respondent herein was posted as Forest Range Officer in Majhgawan Range, Forest Circle Satna (M.P.) when he was alleged to have committed certain acts of misconduct. Consequently, in the year 1976 a preliminary inquiry was initiated to inquiry into the allegations against the respondent. On 7th April, 1977, the respondent was promoted as Assistant Conservator of Forest, while the preliminary inquiry was in progress. A charge -sheet was issued on 12.7.1982, and served upon the respondent, who was required to submit his explanation thereo. The charges contained in the Charge -sheet related to the year 1974 -75 when the respondent was posted as Forest Range Officer in Majhgawan Range, District Satna (M.P.). After due inquiry, the State Government by an order dated 26th September, 1986, inflicted penalty on the respondent by withholding his two increments. The respondent appealed against the said order. During the pendency of the said appeal, the respondent filed Original Application before the Madhya Pradesh Administrative Tribunal (for short' 'the Tribunal") for setting aside the order dated 26th September, 1986 whereby his two increments were withheld.

(2.) THE Tribunal, being of the opinion that by promoting the respondent to the Post of Assistnat Conservator of Forest in the year 1977, the allegations of misconduct attributed to the respondent stood condoned and as such, the penalty imposed upon him by the impugned order dated 26th September, 1986 was without jurisdiction. The Tribunal accordingly set aside the order dated 26th September, 1986 passed by the State Government and allowed the Application of the respondent. Aggrieved by the judgment and order dated 23.4.1993 passed by the Tribunal in O.A. No. 492/89, the State Government has come up in appeal before this Court.

(3.) BEFORE we advert to the argument of the learned counsel for the appellant, it may be seen as to what is the doctrine of condonation of misconduct under the ordinary law of master and Servant. Under ordinary law of Master and Servant, an employer has option to punish an erring employee on the ground of misconduct committed by him, but the employer if voluntarily elects not to take any action to punish the delinquent officer, then it would be a case of Condonation of Misconduct by the master. In Labor and Labor Relations [48 Am Jr 2nd 636] - it is stated thus: