IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 15^th OF NOVEMBER, 2022 WRIT PETITION No. 26747 of 2018 BETWEEN:-

JAGDISH PRASAD MALVIYA S/O LATE SHRI B. L. MALVIYA, AGED ABOUT 58 YEARS, OCCUPATION: ASST. GRADE II IN MP HOUSING BOARD MIG-12, C SECTOR AYODHYA NAGAR DISTT. BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI K. C. GHILDIYAL, SENIOR ADVOCATE WITH SHRI SHRIKANT MISHRA, ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION THR.

COMMISSIONER PARYAWAS BHAWAN, MOTHER TARRESA MARG (MADHYA PRADESH)

3. THE COMMISSIONER MADHYA PRADESH HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD, THR. COMMISSIONER PARYAWAS BHAWAN, MOTHER TARRESA MARG (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AJIT RAWAT, GOVT. ADVOCATE FOR RESPONDENT NO.1/STATE AND SHRI KUNAL THAKRE, ADVOCATE FOR THE RESPONDENT NOS. 2 AND 3 )

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

ORDER

Signature Not Verified Signed by: ARVIND KUMAR Petitioner has filed the present writ petition challenging the orders dated

16.03.2016 and 08.05.2017. By the aforesaid orders,services of the petitioner was terminated after conducting a departmental enquiry.

2. Learned Senior Counsel appearing for the petitioner submits that petitioner was appointed as Assistant Grade III and thereafter, he continued service in the Department of M.P. Housing Board and Infrastructure Development Corporation sincerely and honestly. He was assigned the duties of Cashier from 20.10.2004 to 19.6.2008 at Bhopal. During his tenure as Incharge Cashier, a charge-sheet was served upon the petitioner on 5.11.2008. He was suspended on 16.3.2016 and after enquiry, the services of the petitioner were terminated.

3. Petitioner has made averment in his writ petition that he was the whistle-blower of financial embezzlement, which was done during his tenure i.e. between 20.10.2004 to 19.06.2008. There is no allegation against him that he was beneficiary from the irregularities. Some of the cheques, which were issued, did not bear his signature and some were forged and were not within knowledge of petitioner. There are only allegations of negligence against him. An FIR was filed against the accused persons by Economic Offences Wing. The Economic Offences Wing did not include the name of the petitioner as an accused in the case. The penalty for dismissal from service and recovery imposed upon the petitioner is excessive. It is also submitted that a joint departmental enquiry was conducted against the petitioner, however, there was no order for conduct of joint departmental enquiry, therefore, departmental enquiry is bad in law.

4. It is further submitted by the counsel for the petitioner that orders passed in departmental enquiry and also by the appellate authority are harsh and disproportionate to the act, which is alleged to be done by the petitioner. There Signature Not Verified Signed by: ARVIND KUMAR are financial irregularities to the tune of Rs.45,04,518.15/-. The irregularities are said to be committed by Assistant Engineer Sushil Thakur, Divisional Accountant F.L. Marco and one late Anil Puranik. Petitioner has no role in the said irregularity. At best, petitioner can only be held responsible for negligence.

5. It is also submitted by the petitioner that it is the Divisional Accountant, who is responsible for checking the accounts and to keep the petitioner apprised of the accounts and other details. If there is dereliction of duty on the part of Divisional Accountant and other officers, then the petitioner cannot be held responsible for the same and he cannot be made an accused.

6. Respondents had filed reply to the writ petition. It is submitted by the respondents that petitioner is making unnecessary allegations on other officers and same will not absolve him from his negligent