STATE OF MADHYA PRADESH Vs. ONKAR CHAND SHARMA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the high Court of Madhya Pradesh, Indore Bench, dated 17-6-1985 whereby the writ petition filed by the respondent has been allowed.

(2.) While he was posted as Deputy Inspector General of Police, Armed police Training Centre, Indore, the respondent was placed under suspension by order dated 22-3-1983 passed by the Government of Madhya Pradesh in exercise of the powers conferred by Rule 3 of the All India Services (Discipline and Appeal) Rules, 1969 (hereinafter referred to as "the Rules"). The said order of suspension was followed by order dated 5-5-1983 whereby the respondent was required to submit his written statement of defense to the articles of charges enclosed with the said order. The said order along with the charge-sheet was served on the respondent on 6-5-1983. The said charge- sheet was subsequently amended by charge-sheet dated 25-10-1983.

(3.) In his writ petition the respondent challenged the validity of the order of suspension as well as the two charge-sheets on the basis of which disciplinary proceedings were being taken against him. The order of suspension was assailed on the ground that there had been contravention of the provisions contained in the second proviso to Rule 3 of the Rules for the reason that the disciplinary proceedings were not initiated before the expiry of 45 days from the date of order of suspension inasmuch as the charge-sheet was served after the expiry of the period of forty-five days. The charge- sheets that were issued against him were challenged by the respondent on the ground that the charges were vague and were based on conjectures.