LAWS(MPH)-2019-11-337

SUNIL KUMAR JAIN Vs. STATE OF M.P.

Decided On November 29, 2019
SUNIL KUMAR JAIN Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) With the consent, finally heard.

(2.) This petition filed under Article 226 of the Constitution challenges the impugned order dated 28.02.2019 (Annexure-P/5) and also the appellate order dated 14.11.2017 (Annexure-P/3).

(3.) Learned counsel for the petitioner submits that on the basis of a preliminary inquiry conducted behind the back of petitioner, a show-cause notice dated 01.08.2017 (Annexure-P/1) was issued. The petitioner submitted his reply dated 10.08.2017 (Annexure-P/2) and explained his conduct and denied the charges. Thereafter without holding any inquiry, the punishment of stoppage of two annual increments without cumulative effect is imposed on the petitioner. The appeal is erroneously rejected. The inquiry report (Annexure-P/9) on the strength of which show-cause notice was issued is not against the petitioner. No charge-sheet has been issued which is mandatorily required as per Rule 16 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter referred to as "the Rules of 1966").