STATE OF MADHYA PRADESH Vs. KESHAV

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order of the M. P. High court passed on 14/7/1986 in Civil Miscellaneous Petition No. 3382 of 1985. The facts are that the respondent while working as Agriculture Engineer in the Directorate of Agriculture is alleged to have committed misconduct. Consequently, after his retirement on attaining the age of superannuation on 31/7/1982, proceedings were sought to be initiated against him and notice therefor was issued on 28/7/1984. He filed a writ petition on 14/10/1985 calling in question the jurisdiction of the government to initiate proceedings. The High court in the impugned order held that the governor has to personally satisfy himself of the necessity to initiate proceedings and since the governor has not passed the order, the government cannot go into the question and conduct disciplinary proceedings against the respondent. Hence, the writ petition was allowed.

(3.) The controversy is no longer res Integra as in State of M. P. v. Dr Yashwant Trimbak, to which one of us Pattanaik, J. was a member, this court elaborately had considered the controversy and had held that the governor need not act on personal satisfaction. Under Article 166 (3 of the Constitution, the governor has made Business Rules for convenient transaction of the business of the government and the question of sanctionto prosecute in the case is dealt with by the council of Ministers in accordance with the Rules of Business.