Ghanshyamdas Gupta v. State of M.P & Ors.

24.11.2008 (Annexure-P/1) and order dated 16.04.2001(Annexure- P/2) passed by Commissioner, Ujjain, whereby holding departmental inquiry one increment was withheld with non cumulative effect and in appeal the same was maintained. Learned counsel for the petitioner argued at length and submits that the impugned order passed by the Disciplinary Authority and Appellate Authority are illegal and deserve to be quash. It is submitted that the charge Nos.1 & 2 were not found prove and it is only charge No.3, which was found prove, for which evidence adduced by the petitioner was not included by any of the Authority. It is submitted that the petition filed by the petitioner be allowed and necessary directions be issued. Learned counsel for the respondents submits that no case for interference is made out. It is submitted that the petition be dismissed. From perusal of the record it is evident that while deciding the appeal, Appellate Authority has not at all taken into consideration the grounds raised in the memo of appeal and also the evidence adduced. Filing of appeal is not merely a formality. It is expected from the -2- Appellate Authority to look into the grounds raised in the memo of appeal as it is having far reaching consequences for an employee. In the facts and circumstances of the case, petition filed by the petitioner is allowed in part. Order Annexure P/1 passed by the Appellate Authority is set aside with a direction to re-decide the appeal on merits after giving an opportunity of hearing to the petitioner. With the aforesaid observations, petition stands disposed of. Jyoti/Anurag* (N.K. MODY) JUDGE