Jagdish Chouhan (Baret) Vs. State of M.P. & Ors.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 497 of 2020, Judgment Date: Sep 02, 2021

Law laid down -

Disciplinary Proceedings – Show Cause notice. Show cause notice was issued to the petitioner as to why disciplinary proceedings should not be initiated against him. The appellant filed reply and denied the charges on merits by giving explanation on facts. The show cause notice aforesaid cannot be treated to be a notice/charge-sheet whereby departmental inquiry is initiated.

Imposition of Minor Penalty - Procedure. Where allegations mentioned in the show cause notice are rebutted by giving factual explanation, a regular departmental inquiry should have been conducted before punishing the employee.

The minor punishment and proceedings quashed – Whether matter should be remitted back for conducting further inquiry when employee is retired in the meantime – No. Rule 9(1) of M.P. Civil Services (Pension) Rules, 1976 shows that a retired employee can be punished who is guilty of committing “grave misconduct”. Since disciplinary authority imposed a minor punishment, it cannot be said that appellant committed 'grave' misconduct. Thus, matter cannot be remitted back for conducting further inquiry. The appellant is entitled to get all consequential benefits.

Jagdish Chouhan (Baret) Vs. State of M.P. & Ors.