R.P. Shakhwar vs State of M.P. and Others

S.K. Gangele, J.—The appellant has filed this appeal against the order dt. 12.11.2009 passed by the learned Single Judge in W.P. No. 2321/2004 (S). By the aforesaid order, learned Single Judge dismissed the Writ Petition filed by the appellant/petitioner. A charge sheet was issued to the appellant on 13-12-1982 when he had been discharging the duty as Assistance Manager. After regular enquiry, the disciplinary authority vide order dt. 23-09-1993 awarded punishment of compulsory retirement. The appellant challenged the aforesaid order before the State Administrative Tribunal.

The Tribunal vide order dt. 20-11-1997 quashed the order of punishment on the ground that no second show cause notice was issued to the appellant with copy of enquiry report, hence, the order of punishment was in violation of Article 311(2) of the Constitution. The tribunal remanded the matter back to the authority with the observation that the authority shall pass appropriate order after issuance of second show cause notice with copy of the enquiry report. Thereafter, a show cause notice was issued to the appellant alongwith enquiry report and he submitted his reply. The disciplinary authority vide order dated 02-08-2001 awarded punishment to the appellant of reduction in minimum of pay scale for a period of five years. The disciplinary authority vide order dt. 8.4.2002 amended the order of punishment during pendency of appeal because the appellant preferred an appeal on 20.8.2001 against the order of punishment dt. 2.8.2001. The disciplinary authority further held that the appellant shall not earn any increment or cross efficiency bar during the currency of period of penalty. Appeal of the appellant was rejected. Thereafter, he challenged the aforesaid order before the writ court, that petitioner has also been dismissed.

The question of law and facts involved in this appeal are identical to the W.A. No. 226/2010 (N.S. Bhadauriya Vs. State of M.P. and others). We have decided the aforesaid writ appeal vide judgment of even date. Hence, the reasons mentioned in the aforesaid judgment shall also apply in the present case. Consequently, appeal filed by the appellant is allowed partly. The order dt. 8.4.2002 modifying the order of punishment dt. 2.8.2001 is hereby quashed. Writ Petition filed by the appellant is partly allowed. The impugned order passed by the learned Single Judge is modified accordingly.

No order as to costs.