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In the matter related to the petitioner Principal, Bhel Vikram Higher Secondary School, Piplani, Bhopal who challenged the charge sheet issued against him by Bhel Shiksha Mandal Bhopal

Saturday - May 26, 2018 12:37 am , Category : BHOPAL

Bhopal: In the matter related to the petitioner Principal, Bhel Vikram Higher Secondary School, Piplani, Bhopal who challenged the charge sheet issued against him by Bhel Shiksha Mandal Bhopal, the single bench of the Madhya Pradesh High Court comprising of Justice, J K Maheshwari has said in the order that “In view of the discussion, interference in this petition, on the basis of grounds, as raised by the petitioner for challenging the impugned charge sheet issued against him, is not warranted and this petition stands dismissed in limine.”

The single bench of the Madhya Pradesh High Court has heard the petition filed by Ravindra Singh against the Bharat Heavy Electrical Limited Bhopal Unit. This petition has been filed challenging the charge sheet dated on May 7, 2018 issued against the petitioner by BHEL Shiksha Mandal, Piplani, Bhopal wherein certain articles of charge have been alleged against him. The said charge sheet has been challenged on the ground that vide letter dated on April 29, 2017 the petitioner was appointed as Enquiry Officer for investigating the details concerning Mrs. V. Mule, Sr. Teacher, VHS and was directed to consider the facts, undertake a detailed enquiry and submit a final report to the BSM management within 15 days.

In furtherance to the said letter, vide letter dated on February 16, 2018 the petitioner wrote to the Secretary, BHEL Shiksha Mandal that he met him in BHEL Shiksha Mandal on February 15, 2018 (wrongly mentioned as February 15, 2019) where one Mr. Vijay Kumar was also called who gave the attendance registered to him for taking signature of Mrs. V. Mulay at the down stair.

Considering the said allegation, the petitioner requested the Secretary to appoint a neutral person to hold the enquiry in the matter, but the said request was not accepted and he was directed to submit the enquiry report. When the petitioner submitted the enquiry report on March 31, 2018, he was served with the impugned charge sheet, therefore, the said charge sheet has been assailed in this petition on the ground of bias.

After going through the allegations as alleged in the charge sheet, the issue regarding bias to the allegation cannot be looked into at this stage and if petitioner feels that those allegations are not correct, he may deny the same and in the enquiry he may take defence in this regard to disprove the charges as alleged against him, but this itself cannot be a ground to quash the charge sheet by the High Court relying upon the defence.

Accordingly, the first argument advanced by the counsel for the petitioner is hereby repelled. So far as the second argument with respect to non-supply of the documents and other material as demanded by the petitioner, in this regard suffice it to observe that non-supply of any of the document cannot be a ground to challenge the charge sheet, therefore, the this argument is also hereby repelled, however, it is to observe here that the documents, as demanded by the petitioner from the competent authority, may be supplied to him to defend his case or to rebut the allegations as alleged against him in the charge sheet.

The petition filed by the Ravindar Singh Thakur Principal, Bhel Vikram Higher Secondary School, Piplani, Bhopal Against The Bharat Heavy Electrical Limited Bhopal Unit And Bhel Shiksha Mandal, Bhopal.-Window To News

 
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