Satish Kumar Kachhi vs M.P. Poorva Kshetra Vidyut Vitran ...
2024 Latest Caselaw 6521 MP

Madhya Pradesh High Court

Satish Kumar Kachhi vs M.P. Poorva Kshetra Vidyut Vitran ... on 4 March, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 4 th OF MARCH, 2024
                                              WRIT PETITION No. 4719 of 2023

                           BETWEEN:-
                           SATISH KUMAR KACHHI S/O SHRI S.L. KACHHI, AGED
                           ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER T
                           AND D PRIYADARSHANI COLONY DUMNA AIRPORT
                           ROAD JABALPUR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI RAJAS POHANKAR - ADVOCATE)

                           AND
                           1.    M.P. POORVA KSHETRA VIDYUT VITRAN CO.LTD.
                                 THROUGH ITS MANAGING DIRECTOR BLOCK
                                 NO. 7 SHAKTI BHAWAN RAMPUR JABALPUR
                                 (MADHYA PRADESH)

                           2.    SUPERINTENDING   ENGINEER(O    AND  M)
                                 (CURRENT CHARGE) M.P. POORVA KSHETRA
                                 VIDYUT VITRAN CO. LTD. DISTRICT MANDLA
                                 (MADHYA PRADESH)

                           3.    EXECUTIVE ENGINEER( O AND M) DIVISION
                                 (CURRENT CHARGE) M.P. POORVA KSHETRA
                                 VIDYUT VITRAN CO. LTD. DISTRICT DINDORI
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI VED PRAKASH TIWARI - ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This petition is filed by the petitioner challenging the order issuing show cause notice and penalty on the petitioner on the ground that petitioner was

working as Sub Engineer. Show cause notice and order of penalty have been passed by the Assistant Engineer, who was holding current charge of Executive Engineer.

This issue is no more res integra and has been settled by a Coordinate Bench vide order dated 12.12.2023 in Writ Petition No.20351/2020 (Arunendra Prasad Maurya Vs. Madhya Pradesh Poorv Kshetra Vidyut Vitran Company Limited and others) and in view of the said judgment of the Coordinate Bench, wherein, it is held that officer in current charge is not a competent officer to issue the charge sheet and perform the duties of disciplinary authority, which are attached with the post and, therefore, the charge sheet issued by the

respondent No.3 to the petitioner was held to be issued by the incompetent officer, same ratio will follow in the present case and, accordingly, the show cause notice, order of punishment and appellate order are hereby quashed.

However, liberty is reserved in favour of the competent disciplinary authority to proceed against the delinquent employee i.e. the petitioner, in accordance with law.

In above terms, petition is disposed of.

(VIVEK AGARWAL) JUDGE A.Praj