CHANDRABHAN SINGH BHADORIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 28.07.2011 (Annexure P-1) passed by the respondent No.4 whereunder the petitioner has been dismissed from service after dispensing with the enquiry, as prescribed under Article 311 (2) of the Constitution of India.

(2.) AT the outset, learned counsel for the State submits that the writ petition is not maintainable as the impugned order was passed under Regulation 214 of the M.P. Police Regulations and thereagainst there is a efficacious statutory appellate forum available under the Regulation 262 of the M.P. Police Regulations i.e. of filing an appeal to the next senior officer, in the instant case the Inspector General of Police. Whereas, learned counsel for the petitioner has submitted that the appeal against the impugned order is not maintainable before the appellate forum as the impugned order is passed in exercise of powers under Article 311 (2) (b) of the Constitution.