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Judgment
Petitioner has filed this petition against the order of dismissal from service [Annexure-P-1] and also against the order of dismissal of appeal [Annexure-P-2]
Petitioner was posted as Accountant at Kundam Pariyojana Circle Katni from 24.09.2001 to 23.04.2007. A charge-sheet was issued to him vide letter dated 22.10.2005. By the aforesaid charge-sheet, following two charges were levelled against the petitioner: (i) Petitioner was posted then Accountant at Kundam Pariyojana from 24.09.2001 to 23.04.2007, Area Manager vide order dated 24.09.2001 authorized the petitioner to maintain cashbook, however, the petitioner had not written the cash book by himself hence, he had violated Rule 34 (G) of M.P. Civil Service Rule 1984 and committed misconduct.
(ii) When the petitioner was posted as Accountant, he entered into a criminal conspiracy and committed gross negligence due to which, a loss of Rs.40624374/- was caused to the respondents- Corporation.
The Regional Manager vide order dated 17.01.2006 appointed Lamta Pariyojana Circle, Balaghat as enquiry Officer. After conducting enquiry, the Enquiry Officer found the charges proved against the petitioner. Thereafter, a show cause notice was issued against the petitioner on 21.06.2006 along with the charge-sheet. The petitioner submitted his reply, the same was not found satisfactory hence, the competent Authority vide order dated 14.12.2006 [Annexure-P-1] imposed punishment of dismissal from service against the petitioner.
Against the aforesaid order, the petitioner preferred an appeal, that has also been dismissed by the Managing Director vide order dated 23.04.2007. The petitioner raised grounds in this petition and same have been argued by the counsel for the petitioner that the documents were not supplied to the petitioner by the Enquiry Officer. There was violation of rule of natural justice and the findings recorded by the Enquiry Officer are based without any evidence.
I have perused the record. As per rejoinder filed by the petitioner, on 07.03.2006, the documents containing 1000 pages were supplied to the petitioner. The petitioner submitted representation and he sought some additional documents. The enquiry Officer recorded statements of prosecution witnesses Mr. D.P. Sharma, Mr. T.R. Chawra, Mr. A.K. Bhoongaukar and Mr. T.R. Koshta. The petitioner was given opportunity to cross-examine the witnesses and he had cross-examined the witnesses. The Enquiry Officer after conducting the enquiry, found the charges proved against the petitioner and thereafter, show cause notice was issued. The petitioner filed detailed reply of the show cause notice and thereafter, the disciplinary authority considered the reply of the petitioner and passed the order of dismissal (Annexure-P-1).
I have perused the impugned order Annexure-P-1. This is a detailed order. Due to acts of the petitioner and other employees, a loss more than four crore was caused to the respondentscorporation. A criminal case is also pending against the petitioner. The order has been passed after appreciating the evidence. Proper opportunity of hearing was afforded to the petitioner. The disciplinary Authority and Enquiry Officer assigned cogent reasons to hold that the petitioner was guilty for misconduct. In such circumstances, in my opinion, there is no merit in this petition. It is hereby dismissed. No order as to the costs.