Judgment

S. Saghir Ahmad, J.-Respondent No. 1 while working as Superintending Engineer (E & M) in the public Health Engineering Department was issued a charge-sheet on 16.11.94 which was challenged by him in O.A.No. 1219/94 in the Gwalior Bench of the Madhya Pradesh Administra­tive Tribunal (for short, ‘the Tribunal’) on the ground that besides containing stale charges it was issued with the mala fide intention to forestall the consideration of his name for inclusion in the panel of candidates for promotion to the post of Chief Engineer (E & M). The claim petition was allowed by the Tribunal by its order dated 17.5.95 and the S.L.P. filed by the State of Madhya Pradesh. In this Court, was dismissed on 16.10.95 with the following Order :-

“Delay condoned.

While we agree that some of the observations made by the Tribunal are sweeping and not entirely correct in law, we are satisfied that the conclusion arrived at by the Tribunal is correct. We are not inclined to interfere in the matter, particularly in view of the fact that though the Lokayukta report was received in 1986, the charges were served only in 1994, i.e. after about eight years. In the meantime, the respondent had also been