NAGENDRA RISHISHWAR 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/1, dated 27/5/2015 of the appellate authority (Respondent No.1) whereby the appeal preferred against punishment of withholding of three annual increments with non-cumulative effect passed by Addl. Director (Adm), Directorate of Health Services, Bhopal (M.P.) vide P/2, dated 10/2/2014 has been dismissed.

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

(3.) The solitary ground raised by the learned counsel for petitioner is that charges against the petitioner being factual in nature and the same having been denied by written reply vide P/6, 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 u/Rule 3(i)(ii)(iii) of M.P. Civil Services (Conduct) Rules, 1965 (for brevity the 1965 Rules) vide Annexure-P/5, calling for reply of the petitioner and straightway passing the said penalty order, P/2, dated 10/2/2014. The decision of the Apex Court in the case of O.K.Bhardwaj Vs. Union of India & others (2001) 9 SCC 180 is relied upon