Court Finds State’s Decision to Assign Charge to Officer Facing Serious Allegations Arbitrary and Against Natural Justice
In a significant ruling, the Madhya Pradesh High Court, presided over by Justice Vivek Kumar Singh, quashed the state government's decision to assign additional charge of Chief Engineer, PWD, Bridge Zone, Bhopal to an officer facing serious disciplinary actions. The court found the decision to be arbitrary, capricious, and a violation of established principles of natural justice.
The case originated from a writ petition filed by P.C. Verma, who challenged the government's order dated April 29, 2026, which withdrew his additional charge and reassigned it to respondent No. 4, an officer with pending disciplinary actions for financial embezzlement and infrastructural failures.
The court emphasized that assigning additional responsibilities to officers under investigation contradicts the principles of natural justice and violates a government circular dated July 22, 2004, which prohibits such appointments. The circular mandates that higher responsibilities should only be assigned to officers with unblemished records and who are eligible for promotion.
Justice Singh highlighted that the assignment of charge to respondent No. 4, who was facing severe allegations, including financial embezzlement worth crores and negligence in infrastructure projects, was a "colourable exercise of power" and violated the principle of "Nemo judex in causa sua" (no one can be a judge in their own case).
The court further criticized the state's action of issuing a show-cause notice to the petitioner and withdrawing his charge within three hours as reflecting a predetermined mindset, thus violating the principles of natural justice.
The judgment also addressed the misuse of temporary arrangements to bypass statutory promotion guidelines, emphasizing that such actions disrupt hierarchical discipline and statutory mechanisms.
In its order, the court directed the state to assign the additional charge to an eligible officer within the zone of consideration for promotion, possessing an unblemished service record, and adhering to the statutory mandate of the Madhya Pradesh Public Works Department Engineer-In-Chief and Chief Engineers Recruitment and Conditions of Service Rules, 1983.
The ruling serves as a stern reminder for adherence to procedural fairness and statutory guidelines in administrative decisions, ensuring transparency and integrity in public administration.
Bottom line:-
Assignment of additional charge to officers facing disciplinary actions is arbitrary, against the principles of natural justice and violative of government circulars. Officers with unblemished service records and within the zone of consideration for promotion should be given such charges.
Statutory provision(s): Madhya Pradesh Public Works Department Engineer-In-Chief and Chief Engineers Recruitment and Conditions of Service Rules, 1983 - Rule 6, Circular dated 22.07.2004, Principles of Natural Justice, Doctrine of Malice in Law.
P.C. Verma v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2925234
