IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL nd ON THE 2 OF FEBRUARY, 2023 WRIT PETITION No. 7812 of 2018 BETWEEN:-

RAKESH SHRIVASTAVA S/O G.P.SHRIVASTAVA, AGED ABOUT 51 YEARS, OCCUPATION: GOVT. SERVENT EXECUTIVE ENGINEER, PWD, DIVSION, SEHROE (MADHYA PRADESH)

.....PETITIONER (BY SHRI PRAVEEN DUBEY - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT MANTRALAYA, VALLABH BHAWAN, (MADHYA PRADESH)

2. ENGINEER IN CHIEF PUBLIC WORKS DEPARTMENT BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI LOKESH JAIN - ADVOCATE)

This petition coming on for admission, this day, the court passed the following:

ORDER

Petitioner's contention is that he has filed this Writ Petition being aggrieved of order dated 16.09.2016 (Annexure P-3), whereby, petitioner Signature Not Verified was imposed with penalty of stoppage of two increments without cumulative effect and recovery of certain amount on account of loss caused to the Department.

Petitioner's contention is that charge sheet was issued on 16.01.2015 thereafter without conducting a departmental enquiry, a show cause notice was issued. Though petitioner has denied all the allegations mentioned in the show cause notice without conducting departmental enquiry in terms of the decision of the Supreme Court in O.K. Bharadwaj Vs. Union of India and Others 2001 9 SCC 180, the impugned punishment order is passed.

Shri Lokesh Jain submits that the Petitioner should have filed an appeal.

A co-ordinate bench of this Court had stayed the order of punishment of recovery vide order dated 16.04.2018.

Taking these facts into consideration, instead of relegating the Petitioner to avail the statutory remedy of appeal, impugned order is quashed. Respondents are set at liberty to issue a notice for initiation of regular Departmental enquiry, on the basis of the charge sheet which was already issued within two months of receipt of certified copy of the order and shall make an endeavor to complete the enquiry within 1 year thereafter.

In above terms, the petition is disposed of.

(VIVEK AGARWAL)

Signature Not Verified JUDGE veni