LAWS(MPH)-2015-4-228

YOGIRAJ SHARMA Vs. STATE OF M P

Decided On April 15, 2015
YOGIRAJ SHARMA Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) THIS writ petition has come up for adjudication afresh pursuant to an order of remand passed by the Division Bench in the background of facts which are stated infra.

(2.) THE petitioner was promoted vide order dated 02.12.1998 to the post of Director, Public Health and Family Welfare, Government of Madhya Pradesh. By order dated 10.12.2007 the petitioner was compulsorily retired. The aforesaid order was subject matter of challenge in Writ Petition No.386/ 2008, which was allowed by order dated 14.11.2008. The order passed by learned Single Judge was upheld vide order dated 23.07.2009 passed by Division Bench in Writ Appeal No. 134/2009 granting liberty to the respondents to proceed further against the petitioner in accordance with law. Thereafter, on 26.8.2009 a charge sheet was issued to the petitioner.

(3.) THE Enquiry Officer after conducting enquiry submitted the report on 05.10.2012 to the Disciplinary Authority, which after taking into consideration the: enquiry report, passed an order of dismissal of the petitioner from service on 02.4.2013. The petitioner filed W.P. No.7618/2013 against the said order which was withdrawn on 13.5.2013 with liberty to challenge the same in appeal before the Appellate Authority under Rule 23 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the "1966 Rules"). The appeal preferred by the petitioner was dismissed by the Appellate Authority vide order dated 23.11.2013.