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1 - 10 of 16 (0.47 seconds)The Public Servants (Inquiries) Act, 1850
Union Of India & Ors vs B.V.Gopinath on 5 September, 2013
4. Learned counsel appearing for the petitioner has heavily relied upon
the judgments passed by the Hon'ble Supreme Court in the cases of Union of
India and Others Vs. B.V. Gopinath reported in (2014) 1 SCC 351, Nirmala
J. Jhala Vs. State of Gujarat and Another reported in (2013) 4 SCC
3 0 1 , Roop Singh Negi Vs. Punjab National Bank and Others reported
i n (2009) 2 SCC 570, G. Vallikumari Vs. Andhra Education Society and
Others reported in (2010) 2 SCC 497, Union of India and Others Vs. R.P.
Singh reported in (2014) 7 SCC 340, Union of India and Others Vs. S.K.
Kapoor reported in (2011) 4 SCC 589 and Union of India and Others Vs.
Ram Lakhan Sharma reported in (2018) 7 SCC 670 as well as the order
passed by the Division Bench of this Court in the case of Union of India and
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 06-08-2025
12:59:53
NEUTRAL CITATION NO. 2025:MPHC-JBP:35913
5 WP-9940-2022
others Vs. Mohd. Naseem Siddiqui, Bhopal reported in ILR 2004 MP
821 and argued that there is no procedure followed by the enquiry officer
while conducting departmental enquiry. The entire enquiry report submitted
by the enquiry officer is verbatim to that of preliminary enquiry report. No
witnesses were examined by the Department. No opportunity of hearing was
granted to the petitioner to put up his defence. There is no application of
mind by the enquiry officer while submitting enquiry report. Even otherwise,
the Authorities have not taken into consideration the reply submitted by the
petitioner and without verification of the facts that the so called allegations
leveled regarding procurement of government job based upon the false and
fabricated documents, the said documents could have been verified and
ascertained from the competent Authorities i.e. the School Department/
Board from which the petitioner has passed out his Class 10th and 12th as
well as from the Colleges or the Universities from which the petitioner has
imparted his higher education. Without ascertaining the aforesaid aspects,
how the Authorities have arrived at a conclusion that the charges No.1 and 2
levied against the petitioner were found to be false and fabricated. The
enquiry was to be conducted in a manner known to law which has not been
done in the present case. Therefore, she has paid for quashment of the
impugned order.
Nirmala J. Jhala vs State Of Gujarat & Anr on 18 March, 2013
2 1 . The Hon'ble Supreme Court in the case of Nirmala J. Jhala
(supra) has held as under:-
Roop Singh Negi vs Punjab National Bank & Ors on 19 December, 2008
4. Learned counsel appearing for the petitioner has heavily relied upon
the judgments passed by the Hon'ble Supreme Court in the cases of Union of
India and Others Vs. B.V. Gopinath reported in (2014) 1 SCC 351, Nirmala
J. Jhala Vs. State of Gujarat and Another reported in (2013) 4 SCC
3 0 1 , Roop Singh Negi Vs. Punjab National Bank and Others reported
i n (2009) 2 SCC 570, G. Vallikumari Vs. Andhra Education Society and
Others reported in (2010) 2 SCC 497, Union of India and Others Vs. R.P.
Singh reported in (2014) 7 SCC 340, Union of India and Others Vs. S.K.
Kapoor reported in (2011) 4 SCC 589 and Union of India and Others Vs.
Ram Lakhan Sharma reported in (2018) 7 SCC 670 as well as the order
passed by the Division Bench of this Court in the case of Union of India and
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 06-08-2025
12:59:53
NEUTRAL CITATION NO. 2025:MPHC-JBP:35913
5 WP-9940-2022
others Vs. Mohd. Naseem Siddiqui, Bhopal reported in ILR 2004 MP
821 and argued that there is no procedure followed by the enquiry officer
while conducting departmental enquiry. The entire enquiry report submitted
by the enquiry officer is verbatim to that of preliminary enquiry report. No
witnesses were examined by the Department. No opportunity of hearing was
granted to the petitioner to put up his defence. There is no application of
mind by the enquiry officer while submitting enquiry report. Even otherwise,
the Authorities have not taken into consideration the reply submitted by the
petitioner and without verification of the facts that the so called allegations
leveled regarding procurement of government job based upon the false and
fabricated documents, the said documents could have been verified and
ascertained from the competent Authorities i.e. the School Department/
Board from which the petitioner has passed out his Class 10th and 12th as
well as from the Colleges or the Universities from which the petitioner has
imparted his higher education. Without ascertaining the aforesaid aspects,
how the Authorities have arrived at a conclusion that the charges No.1 and 2
levied against the petitioner were found to be false and fabricated. The
enquiry was to be conducted in a manner known to law which has not been
done in the present case. Therefore, she has paid for quashment of the
impugned order.
G. Vallikumari vs Andhra Education Society & Ors on 2 February, 2010
2 0 . The Hon'ble Supreme Court in the case of G. Vallikumari
(supra) has held as under:-
Union Of India & Ors vs R.P.Singh on 22 May, 2014
27. The Hon'ble Supreme Court in the case of R.P. Singh (supra) has
held as under:-
Union Of India & Ors vs S.K.Kapoor on 16 March, 2011
26. The Hon'ble Supreme Court in the case of S.K. Kapoor (supra) has
held as under:-
The State Of Madhya Pradesh vs P.N. Raikwar on 18 December, 2018
5. On notice being issued, a reply has been filed by the respondents and
a preliminary objection is taken by the respondents with respect to
maintainability of the petition without availing the alternative and efficacious
remedy. It is contended that under Rule 24 of Rules, 1966, an alternative and
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 06-08-2025
12:59:53
NEUTRAL CITATION NO. 2025:MPHC-JBP:35913
6 WP-9940-2022
efficacious remedy of Appeal is available to the petitioner and without
availing the said remedy, the present petition is not maintainable. He
has heavily relied upon the Full Bench judgment of this Court in the case of
State of M.P. v. P.N. Raikwar reported in ILR 2018 MP 2619.
Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998
9 . The Hon'ble Supreme Court in the case of Whirlpool Corpn.
(supra) has held as under:-