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2003 Supreme(MP) 885

S.P.KHARE
Y. S. Sachan – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sanjay Kumar Agrawal for petitioner; S.Tiwari, Panel Lawyer for State; Sujoy Paul for respondents No.2 & 3.

JUDGMENT

This is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 4.5.2000 (Annexure P-23) by which a minor penalty of withholding of one increment has been imposed upon the petitioner.


The petitioner was working as Land Acquisition and Land Valuation Officer in Jabalpur Development Authority. On 26.11.1993 a charge-sheet was served upon him. The charge was of negligence and dereliction of his duties inasmuch as the petitioner did not disclose that the land which was being given on lease to Agarwal Sabha was never acquired by the Jabalpur Development Authority and for this reason the lease-deed executed in favour of the lessee was subsequently required to be cancelled. The act or omission of the petitioner was said to be contrary to rule 3 of the M.P. Civil Services Conduct Rules, 1965. A departmental enquiry on this charge was held. The enquiry officer by his report Annexure P-18 held the petitioner guilty of this misconduct. The enquiry officer found that the file relating to the issue of the advertisement was handled by the petitioner as Land Acquisition and Valuation Officer and he had issued the order dated 22.7.1991 in














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