JUDGMENT :

The petitioner working as a Patwari was issued a show cause notice on 28th May, 2005 proposing to impose a major penalty on account of certain misconducts, as indicated in the said show cause notice. It was alleged that the petitioner was taken in custody and sent to civil prison for non-payment of the maintenance amount to his wife, by an order of the Judicial Magistrate and he had remained in Sub-Jail, Mandla w.e.f. 15.3.2005 to 13.4.2005. The petitioner made an application for voluntary retirement and when he was called upon to make a statement, he did not disclose this fact. The petitioner was found absent from duty on certain occasions. He was called upon to submit his reply in writing. A reply was submitted by the petitioner and it was stated that since he was fallen ill, he could not appear to attend his duties and, therefore, the period of leave was required to be regularized. It was stated that because the payment of maintenance to wife, as directed by the competent court under Section 125 of the Criminal Procedure Code, was not made by him, he was sent to civil prison. However, he was not responsible for any other misconduct, as alleged. After hearing the petiti