NANDKISHORE Vs. STATE OF M P

JUDGEMENT

(1.) Parties through their counsel.

(2.) The petitioner before this Court has filed this present petition being aggrieved by an order dated 31-5-2006 passed by the disciplinary authority and an order dated 27-1-2007 passed by the appellate authority, by which a punishment of stoppage of one cumulative effect has been inflicted upon him. The petitioner's contention is that he is holding the post of Sub Inspector (Police) and the competent disciplinary authority to impose a major punishment is the Deputy Inspector General of Police, however, in case of the petitioner, the impugned order has been passed by the Superintendent of Police, who is not competent to pass an order of punishment. The order of punishment dated 31-5-2006 is also on record as Annexure P-1 and the same reflects that it has been passed by the Superintendent of Police. Though, the petitioner has raised other grounds also in the writ petition, but the first ground is being dealt with at present.

(3.) The State Government has filed a reply to the writ petition and in respect of the aforesaid ground it has been stated that the Deputy Inspector General of Police has empowered the Superintendent of Police vide order dated 4-4-2006 to pass an appropriate order in respect of the departmental enquiry and, therefore, by virtue of the order dated 4-4-2006, the Superintendent of Police was competent to inflict the punishment order. The learned counsel for the respondents/State has prayed for dismissal of the writ petition.