T ,^8SS ^^ ^.^^ fC'"^ 1 ^,.^%» fr^ XI-HG—78 ^BNCTr^HT^ ~5^ ^WW^, %9tl1'y<IC, [s|(y1iy^< ^...^.@......3'4.....-.:.........^^^ .^?T T^^ ( ^?1<BI<^) ^n^i'^Tf^NT ^^T ^IT^I '^HN' I^iW^fei^^ PET1TSONER: -Vdrsus" RESPONDENTS: 1. 2. (Writ Petltion under Artjcie Sinale Bench: Hon'ble 9-1-2009:- thfe Shri H. Naha Roy, counsei for th^ Shri Yashwant Singh Thaku| respondems. Heard. The petitioner was Secretary of 6th Septsmber, 2004 to 28-3-2005. A the petitioner for the aiieged irregu!ari| Secretary of Krishi Upaj Mandi. The Ei enqujry submitted his report exonej However,' disdpiinary authority.-. on tn^ awarded.punishnnient ofwithhoiding on^ <=hl<4ld^1-r 'RTO^f ^ 'fe^t Tf^R ^^to3^T Amrit Lai Yadu, S/o Late Motilalji Yadu, Aged about 58 years, R/o Sewtapara, Dongargaon, Distt. Rajnandgaon (CG) CG State Agricuiture Marketing Society, Through the Chairman, Beej Bhawan, P.0. Ravigram, Telibandha, Raipur (CG) The IVSanaging Director, CG State Agricultural IVSarketing (IVIandl) Board, Beej Bhawan, P.0. Ravigram, Teilbandha, Ralpur (CG) |2S ofthe Constitution of !ndia) IShri Dhlrendra IVSIshra. J. petitioner^ , Deputy Advocate General fbr 'the |he Krishi Upaj Mandi Samiti, Gandai vv.e.t jjepartmental enquiry was initiated against jy committed by him during his tenure as r^qulry Officer after condudlng departmental tating the. petltioner • from the charges. basis. of the above enquiry report has annual increment vvith cumulative effect T- /^ •^^^^ ^ '"~^> .."•^ '-^ ;1 '^iK^ttil^ ^g^'^t^ f^.,.// ^^C^€l-HG—J% "T^r ^iqscn^, ^til^^Ko, [®i<ni<-j^< ^.^..f:.WA..l.H... -wi^ 2009 .a^T ^^^.(^il^^) 3Tf^i ^r f^^j<^ ?CT Wm!. 3an/e I^r^^^ant^ •^l Learned counsei for the petitio| representation dated 25-8-2008 agains] disciplinan/ authority, however, the sybmitAed that this petitlon may be authority to decide representation su^ period. that if the petjtioner flies fresh represen^ ^nzif^z^ 'Ri^f ^ fezt <p3i^j< ^ ^tfw ®n^i |ier submitted that he has already filed imposition of above penalty before the sahe has not been decided. He further disj|)osed of wlth direction to the disciplinary |nitted by the petitioner within specified. Shri Yashwant Singh Thakur, le^-ned Deputy Advocate Generai submitted |ation against imposition of penaity before respondent No.2 within 'a period of 1p days from today, the same shaii be considered by the concerned authority v|/ithin a further period of 2 weeks from the of recejpt of representation. ln vlew of the above submissjorl instant petition is dJsposed- of with representation before .respondent Ho:2 Is of learned counse! for the..parties, the liberty to the petitioner to file fresh against imposjtion of penalty, who in turn shali dedde the same withjn a further p^riod of 2 weeks from the date of receipt of representation, in accordance with Jaw,|'!n the meanwhiie, jmposltlon of penaity shall not be given effect to tii'l the repi|esentation submltted. by the petitioner is |finaliy decided. _^_^_9_ _ Sd/- Dhirendra Mishra Judge