ORDER :

Gurpal Singh Ahluwalia, J.

This petition under Article 226 of the Constitution of India has been filed against the order dated 1-8-2023 passed by respondent No. 2 in Files No. Estt./A-1/710/497 and Estt./A-1/710/499 by which a show cause notice has been issued to the petitioner on the allegation that in W. P. No. 10430/2022 the petitioner had suppressed the fact that he was served with a charge-sheet in the year, 2018.

2. It is the case of petitioner that earlier he was working as Mandi Secretary in Krishi Upaj Mandi Samiti, Sidhi. By order dated 28-1-2022, he was transferred to Krishi Upaj Mandi Samiti, Sausar, District Chhindwara.

3. Being aggrieved by the said order, the petitioner preferred W. P. No. 3416/2022 and the said petition was disposed of by a Coordinate Bench of this Court with a direction to decide the representation and till then he was permitted to continue at Sidhi. Accordingly, by order dated 8-4-2022, the representation filed by the petitioner was dismissed. However, his place of posting was modified and in place of Krishi Upaj Mandi Samiti, Sausar, District Chhindwara, he was posted at Krishi Upaj Mandi Samiti, Devendra Nagar, District Panna. Against the order dated 8-4-2022, the petitioner preferred W. P. No. 10430/2022 by specifically pleading that no departmental action was ever initiated against him and the order dated 8-4-2022 has been passed on erroneous allegations. The said writ petition was dismissed by this Court by order dated 10-8-2022.

4. It is submitted that now even the order of Devendra Nagar, Panna has been modified and at present petitioner is posted in Krishi Upaj Mandi, Hanumana. It is submitted that by the impugned show cause notice dated 1-8-2023, the petitioner has been called upon to explain as to why two increments with cumulative effect be not withheld on account of making false averment before the High Court in W. P. No. 10430/2022.

5. Challenging the impugned show cause notice, it is submitted by counsel for petitioner that although petitioner had already filed his detailed reply but the respondent No. 2 may spoil his career. The Incharge Managing Director has no power to issue a show cause notice. Although, the petitioner has submitted the entire material before respondents but the petitioner is not expecting any justice from their end.

6. It is submitted that after the order of transfer was modified by order dated 8-4-2022 in which it was mentioned that he has been transferred on account of pendency of departmental enquiry, the petitioner sought an information under RTI with regard to pendency of departmental enquiry. However, the Joint Director (RTI Act) of the respondent No. 1 intimated that the petitioner can seek information from Krishi Upaj Mandi Samiti, Sidhi and did not supply any information with regard to pendency of departmental enquiry. It is further submitted that a non official note was prepared by Joint Director, (Bhavantar Bhugtan Yojna), M. P. Rajya Krishi Nigam Board, Bhopal to suggest that no involvement of petitioner was found. Even in W. P. No. 10430/2022 the respondents did not disclose the details regarding pendency of departmental enquiry.

7. Since, no information was supplied to petitioner with re