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 4-11-2011 passed by respondent No. 3, whereby the order (Annexure P-2), dated 25-2-2009 passed by the Deputy Inspector General of Police (respondent No. 4), whereby penalty of ' 500/- was imposed on the petitioner, was set aside, the present petition has been filed. 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 ' 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.

(2.) Learned Counsel for the petitioner submitted that the order (Annexure P-5) is illegal, incorrect and deserves to be set aside. It is submitted that without giving an opportunity of hearing, respondent No. 3 cannot set aside the order, which ultimately affects the petitioner. It is submitted that the petition be allowed.

(3.) Smt. Vinita Phaye, learned Deputy Government Advocate for the respondents submits that after giving an opportunity of hearing to the petitioner, the order (Annexure P-5) was passed, as it is specifically stated in the return. Therefore, no illegality has been committed by the respondents. It is submitted that the petition be dismissed.