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2020 Supreme(MP) 1055

SUJOY PAUL
Shailja Batra – Appellant
Versus
State of M. P. – Respondent


Advocates:
Aditya Narayan Shukla for petitioner; Akshay Pawar Panel Lawyer for respondent/State

ORDER

1. This petition filed under Article 226 of the Constitution of India assails the punishment order dated 19.3.2020 whereby a punishment of stoppage of two increments with cumulative effect is inflicted on the petitioner. The petitioner was served with a show cause notice dated 10.7.2019. He filed a detailed reply dated 20.7.2019. Thereafter, without holding any enquiry and without assigning any reason, the impugned order of punishment is passed. The main reason of attack on this punishment order is that; (i) the order does not contain any reason whatsoever as to why defense putforth by petitioner is not found trustworthy by the department; (ii) Since petitioner has not admitted the charges, the departmental enquiry should have been conducted.

2. The prayer is opposed by the learned P.L.

3. I find substance in the arguments of Shri Shukla that as per principles of natural justice which are ingrained in the shape of Rule 16 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules 1966, it is obligatory on the part of the department to consider the reply and assign adequate reason while taking decision. The relevant portion of the rule reads as under:

"16. Procedu

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