IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No. 10046 of 2021 AMBRISH SHARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS ---------------------------------------------------------------------------------------------------------

Appearance:

Shri Prashant Sharma - Advocate for the petitioner.

Shri Dhirendra Singh Chouhan - Advocate for the respondents.

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Reserved on : 28-01-2026 Pronounced on : 10-02-2026 --------------------------------------------------------------------------------------------------------

O R D E R

The petitioner has filed this writ petition under Article 226 of the Constitution of India praying for the following reliefs:

“i. That the part of the Impugned Order whereby he has been Demoted to the post of Officer Grade-l, fixation at the initial pay of Officer Grade Land the period from 03.03.2015 till the date of passing of order of appellate authority will not be counted in service and no wages, increment and allowance are payable for this period be quashed.

ii That the respondents be directed to release payment inter alia including the back wages i.e. arrears of salary with increments and other consequential reliefs.”

[2]. The petitioner was working as a Scale III Officer in the respondent-Bank. During the period from 06.08.2005 to 11.05.2011, he was posted as Branch Manager at Girwai Branch, while the period from 12.05.2011 to 10.06.2013, he was posted at Main Branch, Morena, of the respondent-Bank. Certain irregularities in the matter of sanctioning and disbursement of loan were noticed. Resultantly, a charge-sheet was issued to him on 04.06.2014, Annexure P/6, whereby as many as 10 charges were levelled. The charges in substance related to:

"i) Sanctioning/disbursement of loan in the name of dead person without verification of documents.

ii) Sanctioning/disbursement of loan in the name of fictitious person based upon false and fabricated documents.

iii) Sanctioning/disbursement of loan without ascertaining the regular source of income of borrower. iv) Sanctioning/disbursement of loan by escalating income by adding unconcerned persons as co-

borrower.

v) Sanctioning/disbursement of loan by accepting income tax return submitted on one day, which was prepared only to get the loan and;

vi) Sanctioning/disbursement of loan without properly assessing the income of the borrower."

[3]. The petitioner denied the charges by submitting reply on 24.01.2015 (Annexure P/9). The reply since was found unsatisfactory, the competent authority decided to conduct a departmental enquiry against the petitioner. In furtherance of the enquiry, Sri K.U. Parate, a Scale IV Officer, was appointed as Enquiry Officer, while Sri Neeraj Saxena, a Scale III Officer, was appointed as Presenting Officer. The enquiry was conducted by the Enquiry Officer, wherein about 112 documents were exhibited, while two prosecution witnesses were examined by the Presenting Officer in support charges. Further, about 26 documents were exhibited at the instance of petitioner. The Enquiry Officer submitted his report to the Disciplinary Authority on 07.01.2015, whereby all the charges were found proved against the petitioner. The report was forwarded by the Disciplinary Authority to the petitioner vide show-cause notice dated 13.01.2015, and he was asked to give his explanation to the findings recorded by the Enquiry Officer. The petitioner submitted his explanation on 24.01.2015, Annexure P/9, wherein he reiterated his defence which was taken in reply to the charge-sheet.

[4]. The Disciplinary Authority thereafter passed the impugned punishment order dated 30.03.2015, whereby punishment of dismissal from service, which shall be disqualification for future employment, was imposed upon the petitioner. This p