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2013 Supreme(MP) 967

K.K.TRIVEDI
K. K. Gupta – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For petitioner: P. N. Dubey
For respondent Nos. 1 to 4: S. K. Shrivastava, Panel Lawyer
For respondent No. 5: D. K. Dixit

JUDGMENT :

This petition under Article 226 of the Constitution of India is directed against the order dated 27-4-2007 passed by the respondent No. 5 in his capacity as incharge Chief Medical and Health Officer, Katni, as also the order dated 22-5-2008 by which the appeal preferred by the petitioner against the order of penalty has been dismissed mainly on the ground of competence of respondent No. 5 to impose such a penalty of removal from service on the petitioner after departmental enquiry.

2. Brief facts giving rise to filing of this petition are that the petitioner was initially appointed as Superior Field Worker in the District Filaria Unit, Katni. He was subsequently promoted on the post of Insect Collector on 27-4-2005. It is the averment of the petitioner that except the impugned charge-sheet issued to him, no disciplinary action whatsoever was taken against him. He was diligently, efficiently and honestly discharging the duties. However, as soon as the respondent No. 5 was made incharge Chief Medical and Health Officer, the petitioner became an eyesore of the said respondent, who was putting pressure on the petitioner to do certain work. When the petitioner refused to carry





















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