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2023 Supreme(MP) 27

SANJAY DWIVEDI
Arun Kumar Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Sumit Nema with Ayush Gupta and Piyush Parashar for petitioner; Girish Kekre, Government Advocate and Deepak Tiwari, Panel Lawyer for respondents/State.

ORDER

1. The pleadings are complete. Pinpointing the urgency in the matter, learned senior counsel for the petitioner submitted that although an interim order was passed by this Court and pursuant thereto, proceedings of departmental enquiry were made standstill, but now DPC is to be convened for promotions and the case of petitioner for promotion will be deferred on the ground of pendency of disciplinary proceeding. Ergo, looking to the urgency and with the consent of learned counsel for the parties, matter has been finally heard.

2. This petition has been filed under Article 226 of the Constitution of India asking for solitary relief that the charge-sheet dated 24.2.2021 (Annexure-P/2) issued to the petitioner by the respondents be quashed.

3. Mala fide is made sole basis for issuance of charge-sheet, which has given rise to this petition assailing such charge-sheet. It is averred in the petition that on the fulcrum of fallacious and fictitious allegations, the charges framed are entirely based upon appraisal report of Central Board of Direct Taxes (CBDT) in the context of one Shri Prateek Joshi, who was subjected to search-operation under section 132 of the Income Tax Act, 1961 w

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