Akhilesh Shrivastava vs The State Of Madhya Pradesh
2021 Latest Caselaw 6896 MP

                                                                              1                              WP-23498-2021
                                                    The High Court Of Madhya Pradesh
                                                               WP-23498-2021
                                                    (AKHILESH SHRIVASTAVA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                       1
                                       Jabalpur, Dated : 27-10-2021
                                                Shri D.K. Tripathi, learned counsel for the petitioner.
                                                Shri Shivam Hazari, learned Panel Lawyer for the respondents/State.
                                                Learned counsel for the petitioner submits that charge-sheet and
                                       additional charge-sheet have been issued by the Chief General Manager
                                       whereas disciplinary authority for an Executive Engineer, a post on which

                                       petitioner is working is Managing Director of Madhya Pradesh Poorv Kshetra
                                       Vidyut Vitran Company Ltd. and not the Chief General Manager, therefore,
                                       charge-sheet is liable to be quashed on the ground of incompetency and in
                                       support of this contention, petitioner places reliance on judgment of this
                                       Court in case of Tarun Kumar Mishra and State of M.P. and Ors passed
                                       in W.P. No.14649/2021 . Ratio of law in case of Tarun Kumar Mishra is
                                       that disciplinary authority has to sanction the charge memo by signing it
                                       although the disciplinary authority may assign some subordinate officer to
                                       serve the same upon the delinquent.

                                                Therefore, it is to be seem as to whether approval of disciplinary
                                       authority was obtained or not before charge-sheet was issued.
                                                Issue notice to the respondents on payment of process by registered
                                       AD mode within seven days, returnable within four weeks, asking them to file
                                       reply to the specific objection raised by Shri Tripathi.
                                                In addition, petitioner is permitted to serve respondents by Humdust.
                                                If he files an affidavit of humdust service on the respondent in person
                                       then list this case on 25.11.2021.
                                                .

(VIVEK AGARWAL) JUDGE Signature Not Verified SAN Tabish

Digitally signed by MOHD TABISH KHAN Date: 2021.10.29 18:26:07 IST 2 WP-23498-2021

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2021.10.29 18:26:07 IST