IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT WRIT PETITION No. 705 of 2012 MATADIN KIRAR Versus PRINCIPAL SECRETARY STATE OF M.P. AND OTHERS Appearance:

Ms. Sonal Mittal- Advocate for petitioner.

Shri M.S. Jadon- Govt. Advocate for the respondents/State.

Order Reserved on 17.11.2025 Delivered on 10.12.2025 ORDER The present petition filed under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

"i) That, the order dated 4.7.2011 (Annexure P/1) and order dated 31.12.2010 (Annexure P/2) may kindly be quashed.

ii) That, the respondents may kindly be directed consequentially (in case relief No.1 is granted) to consider the name of the petitioner for promotion on the post of Principal, Model School/Project Administrator/Assistant Commissioner and grant him seniority from the date his juniors were promoted, in case he is found fit for promotion.

iii) That, in case the Hon'ble Court is not satisfied to grant relief No.1 then the petitioner prays in the alternative that the currency of the penalty of withholding 2 increments with non-cumulative effect be counted from the earlier date of order i.e. 22.11.2007. And consequential to that the respondents may kindly be directed to grant relief No.2 to the petitioner.

iv) Any other suitable direction which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be passed."

2. The petitioner vide order dated 7.4.1977 was appointed as a Lecturer in the Tribal Welfare Department. At the relevant point of time petitioner was posted as a Block Development Education Officer, Athner, Distt. Baitul. Respondents have issued charge sheet dated 19.08.2003 (Annexure P/3)against the petitioner thereby 4 charges were leveled against him regarding irregularities committed in the work of Rajiv Gandhi Shiksha Mission, which are quoted herein below:-

"1- Withholding the cheque meant for payment of construction work of primary school and demanding money from Sarpanch.

2- Not performing duties as per the Mission, replaced trained teachers working under the Mission with Shikshakarmis unauthorizedly.

3- Unauthorised sanction of payment of Rs. 1,500/-

instead of Rs. 500/- to one peon of BRC. Athner.

4- Allegation of misbehaviour with one person belonging to Scheduled Tribe."

3. The petitioner filed his reply on 15.09.2003 thereby specifically denying all the charges. It is submitted by counsel for petitioner that without considering the reply to the charge-sheet, respondents have issued supplementary charge-sheet dated 23.01.2004 levelling three additional charges, which are quoted hereby below:- " 5- Non-compliance of the transfer order.

6- Unauthorized absence from duty at the transferred place of posting.

7- Passing order of transfer of some employees unauthorizedly."

4. Learned counsel for petitioner submitted that previous first charge sheet was issued on 19th of August, 2003 and petitioner has submitted his reply on 15th September, 2003 and the supplementary charge-sheet has been issued after a delay of five months i.e. 23.01.2004. Learned counsel for petitioner submitted that delay of five months have not been explained by the respondents. Learned counsel for petitioner submitted that again the petitioner submitted a detailed reply dated 20.03.2004 to the supplementary charge-sheet denying the charges and mentioned that transfer order mentioned in the charge sheet was already stayed by this Court by order dated 28.8.2003 and also mentioned that absence was due to sickness and for that period he has already submitted leave application and medical certificate. Petitioner further stated in his reply that transfer order of petitioner was passed on the direction of Additional Commissioner, Tribal Welfare, Baitul. Thereafter, Disciplinary Authority was not convinced with the reply of the petitioner and instituted departmental enquiry against him. The enquiry Officer was appointed who proceeded in the departmental e