GUPTESHWAR PRASAD SINHA Vs. STATE OF M.P. & ANR.

JUDGEMENT

(1.) THIS is a review petition, seeking review of the order dated 24 -6 -1998, whereby the Transfer Application No. 1349 of 1988 was dismissed by the State Administrative Tribunal. The brief facts, in nutshell, as projected by the petitioner are that the petitioner working as Patwari in Revenue Circle Pilkha, Tehsil Surajpur, District Sarguja, was suspended by order dated 27.10.1981 (Annexure P/1). Thereafter, memo of charge was issued to the petitioner no. 23.1.1982 (Annexure P/2). There were eight charges leveled against the petitioner. Charge No. 1, 2, 3, 6 and 7 relates to preparation of a compensation cases in the name of one Narmedeshwar Prasad and sending the same to the Colliery for compensation. It was alleged that the petitioner manipulated the revenue records. Charge No.4 relates to recording of name of the said Narmedeshwar Prasad in respect of the land in the year 1976 -77 without orders. Charge No.5 pertains to division of Khasras without proper orders of the competent authority Charge No.8 pertains to preparation of B(1) form in 1980 -81 and for not preparing the same in the year 1976 -77 to 1979 -80. The petitioner submitted his reply to the charge -sheet on 20 -4 -1982 (Annexure P/3) and 30 -4 -1982 (Annexure P/4) The departmental enquiry was initiated and conducted by the Sub -Divisional Officer, Surajpur. The petitioner made an application to the Enquiry Officer for supply of certain documents on 23 -6 -1982 (Annexure P/5). The date of enquiry was fixed on 31 -8 -1982. The enquiry could not be conducted as Enquiry Officer was not present in the office. The petitioner was told by the clerk of the Enquiry Officer that next of date of hearing would be intimated to him. Without intimating the next date of hearing i.e., 15 -9 -1982 and without affording an opportunity of hearing to put forward his case by adducing evidence and cross examining the witnesses, the Enquiry Officer held all the charges proved in the interim order passed on 13 -10 -1982 (Annexure P/6). The petitioner submitted his reply on 24 -11 -1982 (Annexure P/7) stating that on 15 -9 -1982 enquiry was not conducted and he was informed by the clerk that next date of hearing would be intimated subsequently. The Enquiry Officer passed a final order on 27 -12 -1982, dismissing the petitioner from service (Annexure P/8).

(2.) THE petitioner preferred an appeal before the Collector, Durg, Sarguja, which was dismissed by order dated 18 -1 -1984 (Annexure P/9) holding that the petitioner ought to have taken steps for setting aside the ex parte interim report dated 13 -10 -1982. The Collector further held without considering the application of the petitioner that no application was made for supply of certain documents. Being aggrieved, the petitioner filed a civil suit for declaration in the Court of Civil Judge, Class II, Ambikapur, questioning the legality and validity of the enquiry report, the dismissal order dated 27 -12 -1982 (Annexure P/8) and the order dated 18 -1 -1984 (Annexure P/9) passed in appeal by the Collector. Learned counsel appearing for the petitioner submits that before the Tribunal the following grounds were raised.