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2012 Supreme(MP) 168

SUJOY PAUL
Bhawani Shankar Singhal – Appellant
Versus
State of M. P. – Respondent


Advocates:
N.S. Kirar for petitioner; Praveen Newaskar, Dy. Government Advocate for respondent/State.

ORDER

1. This petition is received on transfer from M.P. Administrative Tribunal, O.A.No. 1069/2000 was filed by the petitioner challenging the punishment order Annexure A-1 dated 29.1.2000. The petitioner was served with a charge sheet dated 8.12.1994 followed by a supplementary charge sheet dated 20.1.1995. In total eight allegations were made against the petitioner. The singular contention raised by Shri Kirar is that in the departmental enquiry adequate, sufficient and reasonable opportunity of defence was denied to him which runs contrary to the established principles of natural justice and against the mandatory provisions of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. To elaborate, Shri Kirar submits that the petitioner submitted his reply and denied the charges in toto. Thereafter, by order dated 7.1.1995 (Annexure A-15) the Presenting Officer and Enquiry Officer was appointed. The petitioner participated in the initial dates of the enquiry conducted by the enquiry officer. The petitioner by letter dated 29.3.1995 (Annexure A-41) informed the department that he is leaving the headquarter to attend “Durgapooja”. The same was followed by another communic
























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