LAWS(MPH)-2009-3-10

SAMBHUNATH MISHRA Vs. STATE OF M P

Decided On March 30, 2009
SAMBHUNATH MISHRA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) HEARD. THE present petition is filed by the petitioner seeking for the quashment of the order dated 29/04/1997, which is Annexure-A-9, by which the petitioner is refused to join his duties.

(2.) THE facts leading to the present case are that the petitioner at the relevant time was employed on the post of Patwari. Since there had been manipulation in the record, therefore alongwith the petitioner two other persons were also charge sheeted. They were Shri Prajapati, Naib Tehsildar and Shri Indra Kumar Dwivedi, who was employed as LDC. A joint enquiry against all three persons was conducted and a punishment of removal from services by an order dated 16/04/ 1990 (Annexure-A-3) was imposed.

(3.) SO far as the present petitioner is concerned he filed the original application before the SAT which was registered as O. A. No. 1016/1990. He challenged the legality and validity of the departmental enquiry including the order of punishment. The Tribunal dismissed the case on merits holding that the action taken against the petitioner is proper. The judgment passed by the Tribunal dismissing the case of the petitioner is placed on record as Annexure-A-4.