AKSHAY KUMAR DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) In this appeal preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay-peeth ko Appeal) Adhiniyam, 2005 the appellant has called in question the legal acceptability of the order dated 29-2-07 passed by the learned single Judge in W. P. No. 12355/04.

(2.) The facts which are essential to be unfolded are that the appellant-petitioner, a constable under the Superintendent of Police, Jabalpur was issued a charge-sheet on 12-3-07, Annexure-P/7 to the writ petition on the allegation that he had marital relations with one Rukmini Devi despite having a wedded wife Smt. Anita Dubey and further he had threatened Anita Dubey to withdraw the suit filed against him for maintenance. Eventually the Disciplinary Authority by order dated 30-4-98 passed an order of removal from service.

(3.) Being dissatisfied with the said order the appellant-petitioner preferred O. A. No. 435/99 before the State Administrative Tribunal (for short the tribunal ). The tribunal quashed the proceedings of the departmental enquiry as well as the order imposing punishment by its order dated 1-1-2001 and directed that the enquiry be conducted from the stage of submission of reply by the delinquent employee by appointing another Enquiry Officer with a further stipulation that the enquiry should be completed within a period of three months. The State Govt. preferred W. P. No. 2248/01 wherein the order of reinstatement was stayed. Be it noted, the petitioner had also filed a writ petition forming the subject-matter of W. P. No. 5154/01 challenging the order passed by the tribunal. Eventually the petitioner withdrew his writ petition and the writ petition preferred by the State is concerned, direction was issued to conduct a de novo enquiry on merits.