CHETANLAL THAKUR Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition was filed before the M. P. State administrative Tribunal, assailing the order dated 28-6-2000 Annexure-A/6 of reversion of petitioner from the post of Revenue Inspector to the post of Patwari by the Settlement Officer, Ratlam. On abolition of the Tribunal, it is received to this Court for final adjudication.

(2.) IN the facts, petitioner was promoted as Revenue Inspector vide order dated 9-4-1984 passed by the Collector District Durg while the order imposing penalty of reversion was passed by the Settlement Officer, it is contended that under Rule 12 (2) (3) of the M. P. Civil Services (Classification, Control and appeal) Rules, 1966 (hereinafter it be referred to as 'rules'), penalty of reversion cannot be inflicted by the authority subordinate to appointing authority; however, it is urged that the order impugned of reversion passed by the Settlement Officer, ratlam is without jurisdiction, void ab-initio, and liable to be quashed.

(3.) SHRI Patne, learned counsel submits that the order inflicting penalty of reversion is also not tenable on merits, it is argued by him that for the cause of action of year 1993-1994 a departmental enquiry was initiated in the year 1999 after about five years and without following procedure prescribed in Rule 14 of the Rules, the Settlement Officer, who was biased get concluded the enquiry and passed the order of penalty of reversion; however, on merit also the order impugned is liable to be quashed.