Bhupendra Singh Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 3534 MP

                                  1                                WA-632-2021
        The High Court Of Madhya Pradesh
                    WA-632-2021
      (BHUPENDRA SINGH PARIHAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 22-07-2021
      Heard through Video Conferencing.

      Shri R.N. Singh, learned Senior Advocate with Shri Bhagwan Singh
Thakur, learned counsel for the appellant.
      Shri   B.D.      Singh,   learned   Government     Advocate     for   the
respondents/State.

This appeal is directed against the judgment of the learned Single Bench dated 23.06.2021 (Annexure-A/1) whereby the writ petition filed by the appellant/writ petitioner challenging the charge-sheet issued to him has been dismissed.

Admittedly, the charge-sheet was issued to the appellant much prior to his retirement. The appellant retired on 31.12.2020 and the charge-sheet was issued to him on 31.07.2020 and thereafter, additional charge-sheet was issued to the appellant on 28.08.2020. The suspension order of the appellant dated 27.06.2020 was revoked on 02.12.2020 so as to enable him to retire

from service on 31.12.2020. Admittedly, the disciplinary proceedings having been initiated against the appellant prior to his retirement could be continued in terms of Rules 9(2)(a) of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966.

Shri R.N. Singh, learned Senior Advocate, now for the first time has raised the argument that the authority who has issued the charge-sheet is not competent to issue the charge-sheet.

We have been taken through the pleadings of the writ petition. No such argument was raised before the learned Single Bench by the counsel for the appellant/petitioner. Not even orally such argument was raised before the learned Single Bench. For something which was not even agitated or argued before the learned Single Bench, the judgment passed by the Single Bench cannot be faulted.

2 WA-632-2021 Accordingly, the appeal is dismissed on merits. However, this order will not preclude the appellant to raise this argument before the Enquiry Officer or the Disciplinary Officer.

C.c. as per rules.

                                                        (MOHAMMAD RAFIQ)                        (VIJAY KUMAR SHUKLA)
                                                         CHIEF JUSTICE                                     JUDGE


                                              Priya.P




Signature Not Verified
  SAN

Digitally signed by priyanka pithawe mishra Date: 2021.07.23 17:02:05 IST