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G. S. AHLUWALIA
Santosh Sondhia – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This petition under Article 226/227 of the Constitution of India has been filed seeking following reliefs :
(i) Orders Ann.P/1 and Ann.P/2 be quashed as illegal, arbitrary and malafide.
(ii) Respondents be directed to reinstate the petitioner along with back wages. As the petitioner is not gainfully employed any where
(iii) Any other relief which may be suitable in the facts and circumstances of the present case may also be allowed in favour of the petitioners.
(iv) The cost of the petition may also be allowed in favour of the petitioner.
2. It is an unfortunate case which has suffered because of noncooperation by the Advocates.
3. On 9.5.2007, the case was dismissed for want of prosecution. Thereafter, by order dated 13.8.2010, the case was restored. Again by order dated 13.3.2013, the case was dismissed on a statement made by counsel for petitioner that he has no instructions. The writ petition was again restored by order dated 22.9.2015. On 26.9.2022, when the case was taken up, a statement made by counsel for petitioner that the arguing counsel is on his legs before Division Bench of the Court and prayed for time and accordingly the case was adjourned and was directe
The court emphasized the importance of fair procedure and non-discrimination in departmental proceedings, and the need for findings to be based on evidence and not suffer from perversity.
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
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