Madhya Pradesh High Court
Chain Lal Sadhopach vs The State Of M.P. on 8 October, 2021
Author: Chief Justice
1 WA-484-2021
The High Court Of Madhya Pradesh
WA-484-2021
(CHAIN LAL SADHOPACH Vs THE STATE OF M.P. AND OTHERS)
Jabalpur, Dated : 08-10-2021
Heard through Video Conferencing.
Mr. D.K. Tripathi, learned counsel for the appellant.
Mr. Ashish Anand Barnard, learned Deputy Advocate General for the
respondents/State.
This writ appeal is directed against the judgment of the learned Single
Judge dated 19.03.2021 passed in W.P. No.6067/2021 whereby the writ
petition filed by the appellant assailing the charge-sheet dated 22.08.2020 on
the charge that he did not disclose the proper information to the authority with
regard to the fact that he has more than two children only after the cut off
date, has been dismissed.
The argument which the learned counsel for the appellant raised in the
writ petition has been reiterated in appeal that the respondent had earlier
conducted an in-house enquiry about the same allegations and even in the
same case and, therefore, on the same subject matter second enquiry could
not have been conducted. It is contended that in the earlier enquiry the
respondents arrived at a satisfaction on 06.09.2019 that there was no
substance in the complaint and, therefore, recommended to close the matter.
But subsequently, they have on the same set of charges issued a charge-sheet
on the appellant. This would amount to double jeopardy. Reliance in support
of this argument is placed on the judgment of the Apex Court in Nand
Kumar Verma vs. State of Jharkhand and others (Civil Appeal
No.1458/2012).
Mr. Aashish Anand Barnard, learned Deputy Advocate General
submits that the earlier enquiry was not a full-fledged enquiry as no formal
charge-sheet was issued to the appellant under the Madhya Pradesh Civil
Services (Classification, Control and Appeal) Rules, 1966 and it was only a
preliminary enquiry/in-house enquiry/fact finding enquiry to arrive at the
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decision whether or not to proceed against the appellant in regular disciplinary
proceedings. Subsequently, when sufficient material came in possession of
the disciplinary authority, he proceeded to issue the regular charge-sheet. It is
submitted that the charge-sheet issued to appellant has now culminated into
final order of penalty of dismissal being issued on 16.03.2021. The appellant
has not challenged the order of dismissal before any fora by any procedure
known to law. He has the remedy of filing appeal against the order of
dismissal and if eventually appeal fails he can then approach this court by
way of writ petition. The present appeal is liable to be dismissed.
Having heard the learned counsel for the parties and perused the
judgment of Nand Kumar Verma (supra) and the facts of the present case,
we are not inclined to uphold the argument that it is a case of double
jeopardy. In the earlier stage when the respondents decided not to go ahead
with regular enquiry, the disciplinary authority had merely got a preliminary
enquiry/fact finding enquiry conducted. Subsequently when it came in
possession of sufficient material, it decided to issue the charge sheet.
Therefore, it cannot be said to be a case of double jeopardy. In any case, in
the present proceedings, the only challenge that has been made by the
appellant is to the charge sheet and not the order of dismissal. Therefore, the
final penalty order having been passed and not being challenged, the present
writ appeal has outlived its purpose as the charge sheet cannot now be
quashed. It would be, however, open to the appellant to assail the dismissal
order by way of an appeal before the appellate authority raising all the
arguments available to him in law. If any such appeal is filed now within a
period of fifteen days, the appellate authority is directed to decide the same
on merits within a period of four months.
With the aforesaid observation, this writ appeal stands disposed of.
(MOHAMMAD RAFIQ) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
psm
Digitally signed
by PREM
SHANKAR
MISHRA
Date: 2021.10.08
18:07:57 +05'30'
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