S K VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) R. S. JHA, J. The present appeal has been filed by the appellant being aggrieved by order dated 17-10-2007 passed by the learned Single Judge in Writ Petition no. 14313/2007 (S), whereby the petition filed by the petitioner has been dismissed on the ground of availability of an alternative remedy.

(2.) THE facts in brief necessary for adjudication of the present appeal are that the respondent No. 6, who belongs to the Scheduled Caste category and is an Under Secretary working in the School Education Department filed a, complaint before respondent No. 2/madhya Pradesh State Scheduled Caste commission against the present appellant/petitioner alleging that the appellant/petitioner had deliberately delayed the writing of his Annual confidential Reports relating to the years 2005, 2006 and 2007 and also made allegations that the appellant/petitioner was addressing and abusing the respondent No. 6 on the basis of his caste.

(3.) THE issue was taken up by the respondent No. 3 in his capacity as chairman of respondent No. 2 and vide order dated 22-9-2007 recorded a finding that the appellant/petitioner had deliberately delayed the writing of the annual Confidential Reports of respondent No. 6 and was habitually addressing him and abusing him on the basis of his caste and on that basis himself took cognizance of the case and directed the Police Authorities to prosecute the appellant/petitioner under the provisions of the Scheduled Caste/scheduled tribe (Prevention of Atrocities) Act, 1989 with a further direction to Secretaries of the concerned departments to impose a punishment of stoppage of two increments cumulatively or of reversion and report compliance within fifteen days.