RAJENDRA KUMAR JAISWAL Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed, calling in question the orders dated 06/07/2017 and 19/02/2018.

(2.) The necessary facts for the disposal of the present petition in short are that a show-cause notice was issued to the petitioner on 10/03/2017 (Annexure P-4), on the allegation that from 13/02/2017 to 18/02/2017 he was found absent unauthorizedly at the time of inspection of school, which is indicating his negligence and misconduct. Therefore, the petitioner was called upon to submit his reply as to why no departmental action be initiated against him. The petitioner filed his reply on 17/03/2017 (Annexure P-5) and submitted that he was on leave from 13/02/2017 to 16/02/2017, which was duly approved and on 17th and 18th February, 2017, he could not appear in the school because he was not well and he is in possession of medical certificate issued by Government Hospital. It appears that the reply submitted by the petitioner was not found to be satisfactory and accordingly, by order dated 06/07/2017 (Annexure P-1), the respondent No.3 held him guilty and imposed a minor penalty of stoppage of one increment without cumulative effect. Being aggrieved by the order of the respondent No.3, the petitioner filed an appeal, which too has been dismissed by order dated 19/02/2018 (this order has also been marked as Annexure P-1).

(3.) Challenging the orders passed by the respondents No. 2 and 3, it is submitted by the counsel for the petitioner that where the charges levelled against the delinquent officer are denied, then even for imposing a minor penalty the authority should have conducted a departmental enquiry. To buttress his contention, the counsel for the petitioner has relied upon the order dated 20/11/2013 passed by this Court in the case of Umeshchandra Kaurav vs. State of MP and Others, in Writ Petition No.2613/2011 (Annexure P-8) and the judgment passed by this Court in the case of Bholeram Soni vs. Union of India and Others, reported in 2015 (11) MPJR 67.