Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ASHISH SHROTI
Devendra Sharma – Appellant
Versus
State Of M.P. – Respondent
ORDER :
ASHISH SHROTI, J.
Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the charge-sheet dated 12/12/2024 (Annexure P/1) and the charge-sheet dated 27/3/2019 (Annexure P/6) issued by respondent no. 2, being illegal and arbitrary. He has prayed for a direction to the respondents not to institute any disciplinary proceedings in relation to the allegations made in the aforesaid charge-sheet.
2. Facts necessary for decision of this case are that the petitioner was initially appointed as Bull Attender in Animal Husbandry & Dairying Department. He was promoted to the post of Assistant Veterinary Field Officer (AVFO) on 7/8/2019 and was posted in the office of respondent no.5- Deputy Director, Animal Husbandry Services Department, Gwalior. During the year 2015-16, a complaint was received against the petitioner alleging that he has fraudulently obtained the reimbursement of medical expenses based upon forged and fabricated document. It appears that a preliminary enquiry was conducted by respondent no.5, wherein, the allegations made were prima facie found correct. Initially, a show cause notice was issued to the petitioner on 18/1/2016 (An
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
Merely stating that huge financial losses are caused to the State would not suffice unless the charges are even prima-facie supported by any credible material placed before the court.
The issuance of charge sheets or show-cause notices in departmental inquiries does not constitute an adverse order and thus does not provide grounds for judicial review.
Misconduct - Quash of Suspension order - Order of suspension was passed in contemplation of inquiry without referring to misconduct - Direction is issued to disciplinary authority to reconsider wheth....
Writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge sheet.
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
