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Madhya Pradesh High Court · body

2015 DIGILAW 1102 (MP)

Mukesh Kumar Rai v. M. P. State Agriculture Marketing Board

2015-10-15

SANJAY YADAV

body2015
ORDER 1. Petitioner vide this petition seeks quashment of charge sheet dated 11.8.2014 and order dated 1.7.2015; whereby, he is placed under suspension. 2. Charges levelled against the petitioner, an Assistant Grade III in Krishi Upaj Mandi, Katni vide impugned charge sheet are that being assigned the work of account verification, petitioner, besides being negligent, has extended the benefit to firm viz. M/s. Sharda Dall Mill, Purena for the year 2011-12 and from 5.1.2011 to 9.5.2014 by concealing facts, thus causing financial loss to the Mandi. 3. Though, quashment of charge sheet is being sought on the ground that the petitioner is falsely implicated and that the information furnished by the petitioner was on the basis of the return filed by M/s. Sharda Dall Mill. It is also contended that the ultimate authority vests with the secretary to finalize the accounts and other issues. It is also contended that the market fee is levied as per section 19 of the Krishi Upaj Mandi Adhiniyam, 1972 and as per procedure laid down, which having been adhered to, petitioner has not misconducted but is made a scapegoat. 4. All these contentions may be or may not be good defence against the charges levelled but, in itself, are not sufficient to quash the charge sheet, which can only be interfered with in case that the same is by the incompetent authority which is not the case of the petitioner. 5. No interference can, therefore, be caused with the charge sheet. 6. As to suspension, since the petitioner is facing a departmental enquiry, suspension during pendency whereof, cannot be held to be illegal unless the Rules so mandate. But, no rule to said effect has been commended at. 7. Petition, being devoid of substance, is dismissed in limine. No costs.