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2010 Supreme(MP) 60

S.C.SHARMA
Ramesh Chand Rathore – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
S.P.Jain, Ami Prabal

Judgment

( 1. ) The petitioner before this Court has initially preferred an original application before the Madhya Pradesh State Administrative Tribunal and the same has been transferred to this Court after abolition of the Madhya Pradesh State Administrative Tribunal for adjudication.

( 2. ) The petitioner has stated in the present writ petition that he is working on the post of Assistant Grade-III in the service of the State of Madhya Pradesh and while he was posted at Gwalior a charge sheet was issued on 7.1.1998. It was alleged that the petitioner while serving as an Assistant Grade-in Diversion Branch has misplaced/lost 8 revenue cases relating to diversion and the petitioner was directed to file reply to the charge levelled against him. The petitioner did submit a reply on 19.1.1998 and it was categorically stated by the petitioner that he went on leave from 25.9.1997 till 28.9.1997 with an appropriate application and the petitioner after handing over all documents, cause list as well as keys of the Almirah proceeded on leave. The disciplinary authority not being satisfied with the reply of the petitioner has appointed the Superintendent Diversion as Presenting Officer and Shr













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