Rajdev Sharma vs State Of Madhya Pradesh And Others

This appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005 is directed against the order dated 02.12.2019 in W.P.No.25403/2019.

Mr. Alok Katare, learned counsel for the appellant has confined his submissions to the extent that learned Single Judge while directing the Disciplinary Authority to proceed with its dissent note did not observe that the petitioner is also entitled with the copy of the dissent note as contemplated under Rule 15 of MP CCS (CCA) Rules 1995 and file reply thereto.

Mr. M.P.S. Raghuvanshi, learned Additional Advocate General appears on advance notice and fairly submits that under the aforesaid Rule the delinquent is entitled for notice of disagreement in the obtaining facts and circumstances.

In view of the aforesaid, this writ appeal is disposed of with a direction to the Disciplinary Authority to serve a copy of disagreement note to the delinquent enabling him to file reply thereto. After receipt of the reply, the Disciplinary Authority shall be at liberty to proceed with the matter.

To the aforesaid extent, the impugned order is modified.

With aforesaid this writ appeal is disposed of.