RAJENDRA KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Writ jurisdiction of this Court u/Art. 226 of the Constitution is invoked to assail Annexure-P/1 dated 6/7/05 by which respondent No.1 has cancelled the earlier order dated 6/3/2003 vide P/4 by which the same authority had while cancelling the order of penalty of compulsory retirement dated 28/10/2000 substituted the same with that of withholding of two annual increments for a period of two years with reinstatement.

(2.) In sum and substance, the impugned order P/1, dated 6/7/05 has restored the order dated 28/10/2000 inflicting penalty of compulsory retirement from service.

(3.) Undeniably, the aforesaid order P/1 dated 6/7/05 causes adverse consequence of serious nature as it ousts the petitioner from service by way of penalty. Yet P/1 as is evident from pleadings of the petition and as well as contents of the return of the State, is not preceded by any act of affording of opportunity to the petitioner of being heard.