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SHANTANU KEMKAR
Jagdish Rathi – Appellant
Versus
State of M. P. – Respondent
1. The petitioner was appointed by the State Government vide order dated 28.12.1985 on the post of District Excise Officer, Ujjain in the Commercial Tax Department of the State Government.
2. While he was posted as District Excise Officer, Ujjain a charge sheet dated 5.10.1994 (Annexure A-1) was issued to him in the year 1988 along with two Excise Sub-Inspectors. A joint enquiry was ordered by the third respondent, Excise Commissioner against the petitioner along with the said two Excise Inspectors. The enquiry officer after holding a joint enquiry submitted his report in which out of three charges one charge was found partially proved against the petitioner. On the basis of the enquiry report of punishment withholding of one increment with cumulative effect was inflicted upon him vide order dated 25.7.1998 (Annexure A-6). In the appeal, the said order of punishment was maintained by the appellate authority vide order dated 13.10.1999 (Annexure A-9).
3. Aggrieved, the petitioner filed OA No. 2088/00 before the Madhya Pradesh State Administrative Tribunal Bench at Indore (for short "the tribunal"). On abolition of the tribunal, the matter has been transferred to this Court for
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