RAM NARESH PAL Vs. STATE OF M P

JUDGEMENT

(1.) The prayer in the petition is for quashment of the order Annexure P/5 dated 04.11.2011 passed by respondent No.3, whereby the order Annexure P/2 dated 25.02.2009 passed by the Deputy Inspector General of Police (respondent No.4), whereby penalty of Rs.500/- was imposed on the petitioner, was set aside, the present petition has been filed.

(2.) Short facts of the case are that respondent No.4 issued a show cause notice to the petitioner, of which a reply was submitted by the petitioner. After perusal of the reply, in which the petitioner admitted the alleged misconduct, respondent No.4 imposed penalty of Rs.500/- on the petitioner. Thereafter, charge-sheet was issued. In the departmental enquiry, wherein an application was filed by the petitioner that since the petitioner has already been punished, therefore, he cannot be punished twice. At that stage, the order Annexure P/5 was passed by respondent No.3 whereby the order Annexure P/2 was set aside. Against which, the present petition has been filed by the petitioner.

(3.) From bare perusal of Clause (4) of Regulation 270, it is evident that revising authority is empowered to remit, vary or enhance the punishment imposed or may order a fresh enquiry, but as per the proviso, the order cannot varied or reversed, unless notice has been served on the party interested and an opportunity of being heard is given.