Ram Naresh Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1861 MP

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         The High Court Of Madhya Pradesh
                  WP No. 28887 of 2021
           (RAM NARESH SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, Dated : 09-02-2022
        Heard through Video Conferencing.

        Shri Anil Sharma, learned counsel for petitioner.
        Shri R.P. Singh, learned counsel for respondent/State.

With consent, heard finally.

The present writ petition is being preferred by the petitioner against the order dated 06.03.2020 (Annexure P/1) passed by respondent

No.3/Collector, Bhind, whereby petitioner has been inflicted punishment of stoppage of two increments without cumulative effect.

The grievance of the petitioner as echoed in the petition is that respondents have not complied the provisions of Rule 14 and 16 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966. He placed reliance over the judgment rendered by the Apex Court in the case of O.K. Bhardwaj Vs. Union of India and others, (2001) 9 SCC 180.

Learned Government Advocate for respondents though tried to justify order passed by the respondents/Authorities, but could not establish the fact

that any departmental enquiry has been conducted while passing the impugned order.

Heard both the learned counsel for the parties and perused the documents appended thereto.

From the perusal of impugned order, it appears that no departmental enquiry was conducted in respect of alleged misconduct imputed over the petitioner, wherein, petitioner has categorically refuted the charges. As mandated in the case of O.K. Bhardwaj (Supra), if any, delinquent raises the dispute q u a the charges of misconduct, then enquiry ought to be conducted, the petition preferred by the petitioner is, hereby, allowed and impugned order dated 06.03.2020 (Annexure P/1) is hereby set aside. However, respondents are at liberty to initiate the action, if so advised.

Accordingly, petition stands disposed of in above terms.

(ANAND PATHAK) JUDGE

Rashid

RASHID KHAN 2022.02.09 17:31:08 +05'30'