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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Nirmal Singh Chauhan – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. The petitioner has challenged order dated 20/12/2021 (Anneuxure-P/1), whereby the punishment of withholding four increments with cumulative effect was imposed on him by respondent no.3 on account of certain misconduct found proved in the departmental enquiry. He has also challenged order dated 02/05/2023 (Annexure-P/1), whereby his appeal was partly allowed by respondent no.2 and major punishment was substituted by a minor penalty of stoppage of two increments without cumulative effect. The petitioner also challenges the charge-sheet dated 20/03/2020 (Annexure-P/9) being without jurisdiction.
2. The facts necessary for decision of this case are that the petitioner was initially appointed as Assistant Teacher in respondent-Tribal Welfare Department. He was posted as Warden in Post-Matric Boys Hostel No.2, 3 & 4, Shriram Colony, Lashkar, Gwalior. He was thereafter, transferred and posted as Warden in Boys Hostel, Behat, Gwalior.
3. With regard to his working as warden in Post-Matric Boys Hostel No.2, 3 & 4, Shriram Colony, Lashkar, Gwalior, certain complaints of financial irregularities were noticed. A preliminary enquiry was conducted by a committee of six members who prima-
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
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