IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT WRIT PETITION No. 7880 of 2015 GURMEET SINGH LAMBA Versus M.P.M.K.V.V.C.L. THROUGH ITS MANAGING DIRECTOR AND ANOTHER Appearance:

Shri M.P.S. Raghuvanshi- Senior Advocate with Shri Dharmendra Singh Raghuvanshi- Advocate for petitioner.

Shri Narottam Sharma- Advocate for respondents.

Reserved on : 30.10.2025 Pronounced on : 21.01.2026 ____________________________________________________________________

ORDER

This petition, under Article 226 of Constitution of India, has been filed seeking the following relief (s):

“(i) That, the present petition filed by the petitioner may kindly be allowed.

(ii) That, the impugned charge-sheet Annexure P/1 dated 21.10.2015 issued by the respondents may kindly be directed to be set aside.

(iii) That, it may be held that the respondents cannot issue the charge-sheet to the petitioner as contained in Annexure P/1.

(iv) That, any other just, suitable and proper relief, which this Hon'ble Court deems fit, may also kindly be granted to the petitioner.

Costs be also awarded in favour of the petitioner.”

2. Learned counsel for petitioner submitted that petitioner was holding the current charge to the post of D.G.M. (O&M) of the respondent-company in Datia. While working on the said post by order dated 11.12.2014 (Annexure P/2), the punishment of withholding three annual increments without cumulative effect was imposed on petitioner. Thereafter, punishment order dated 11.12.2014 (Annexure P/2) was kept in abeyance by order dated 13.04.2015 (Annexure P/3) and the charge-sheet dated 21.04.2014 (Annexure P/4) was issued by respondent General Manager (Estt). Being aggrieved by the said order, petitioner submitted WP.No.3087/2015 and by order dated 25.05.2015 (Annexure P/5), this court stayed the effect and operation of the order dated 13.04.2015. Thereafter, respondents withdrew the order dated 13.04.2015 and consequently this Court by order dated 08.09.2015 set aside the order dated 11.05.2015 (Annexure R-1). Thereafter, respondents withdrew the order of penalty dated 11.12.2014, by order dated 14.09.2015 (Annexure P/6) issued by General Manager (Estt). Thereafter by order dated 11.08.2015, General Manager (Estt.) cancelled the charge-sheet dated

21.04.2014 (Annexure P/4).

3. Shri Raghuvanshi, learned Senior Counsel appearing on behalf of petitioner, submits that again on the same charges, respondents issued another impugned charge-sheet dated 21.10.2015 (Annexure P-1) wherein the first charge relates to posting of petitioner in Dabra and in respect of the withdrawal of the false demand without any enquiry, in the description of charges, the respondents have shown 42 number of cases of withdrawal of false demand. However, out of these 42 cases are found part of the charge no.1 in the present charge-sheet Annexure P/1, 32 cases were shown in the earlier charge-sheet dated 21.04.2014 (Annexure P/4). Thus, the Charge No.1 is repeated despite of the fact that the proceedings of charge no.1 stood concluded and attained finality in the earlier round of litigation. Thus, no charge-sheet for the same misconduct can be issued by the respondents to which they ultimately thought it proper to withdraw the proceedings. It is further submitted that so far as Charge No.2, respondents have shown that no estimate sanctioned have been recovered from the customers, however, the estimates were subsequently revised and revised sanctioned amount has been recovered from the customers as per the guidelines of the company. Similarly, the Charge No.3 relates to providing of electricity supply to the agricultural consumers more than the prescribed hours of supply. However, in respect of the said the petitioner has already inflicted the penalty on the concerning Junior Engineers. The Junior Engineer Electricity is responsible to supply the electricity for the prescribed hours. Thus, all the charges as mentioned in the charge-sheet Annexure P/1 are in