BHUDEV SINGH MAHOBIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) - Writ jurisdiction of this court u/Art. 226 of the Constitution is invoked to assail the order contained in Annexure-P/2, of the appellate authority whereby punishment of withholding of two annual increments with non-cumulative effect passed by the Collector, Morena, Annexure-P/1, dated 30/12/2010 has been reduced to withholding of one annual increment without cumulative effect.

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

(3.) The 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/4, dated 25/11/2010, 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 charge-sheet under section 14 of the CCA Rules, vide P/3, calling for reply of the petitioner and straightway passing the said penalty order, P/1, dated 30/12/2010. 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