JAGDISH RATHI Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner was appointed by the State Government vide order dated 28.12.1985 on the post of District Excise Officer, Ujjain in the Commercial Tax Department of the State Government.

(2.) WHILE he was posted as District Excise Officer, Ujjain a charge sheet dated 5.10.1994 (Annexure A-1) was issued to him in the year 1988 along with two Excise Sub-Inspectors. A joint enquiry was ordered by the third respondent, Excise Commissioner against the petitioner along with the said two Excise Inspectors. The enquiry officer after holding a joint enquiry submitted his report in which out of three charges one charge was found partially proved against the petitioner. On the basis of the enquiry report of punishment withholding of one increment with cumulative effect was inflicted upon him vide order dated 25.7.1998 (Annexure A-6). In the appeal, the said order of punishment was maintained by the appellate authority vide order dated 13.10.1999 (Annexure A-9).

(3.) The case of the petitioner is that the joint enquiry which was conducted against him was by way of common proceedings conducted against him along with one T.P. Bhusakhare and U.C. Taram, Sub Inspectors of Excise Department without there being any order passed by the Governor or by the Authority competent to impose penalty of dismissal from service to him as provided in Rule 18 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for short 'the Rules of 1966'). It is thus, stated that without any prior order or sanction the joint enquiry conducted against the petitioner and the order of penalty imposed upon him being contrary to Rule 18 of Rules of 1966 is liable to be quashed.