SMT. MADHUBALA Vs. STATE OF M.P.

JUDGEMENT

(1.) Writ jurisdiction of this court under Article 226 of the Constitution is invoked to assail the orders contained in Annexure P-1, P-2 and P-3 dated 28.08.2014, 24.08.2015 and 22.06.2016, whereby order of punishment of withholding of two annual increments non-cumulatively has been reduced by the appellate authority by withholding one annual increment non-cumulatively.

(2.) Learned counsel for the rival parties are heard.

(3.) Solitary ground raised by the learned counsel for the petitioner is that charges against the petitioner being factual in nature and the same having been denied by written reply P-5, dated 09.08.2014, it was incumbent upon the disciplinary authority to conduct full scale enquiry under Rule 14 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (in short CCA Rules) instead of adopting shortcut method of issuing a show cause notice vide P-4, calling for reply of the petitioner and straightway passing the said penalty order, P-1, dated 28.08.2014. The decision of the Apex Court in the case of O.K.Bhardwaj v. Union of India and others (2001) 9 SCC 180 is relied upon.