BALDEV SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) SINCE common questions of facts and law are involved in these two matters, on the joint request of parties these matters are analogously heard and decided by this common order.

(2.) FACTS are taken from WP No. 2009/2013.

(3.) THE bone of contention of learned counsel for the petitioners is that the appointing authority of the petitioners is the State Government. Drawing the attention of this court to the Schedule appended to Madhya Pradesh Civil Services (Classification Control and Appeal) Rules 1966 (hereinafter called as 'CCA Rules'), it is contended that DSP is a Class-II post and the appointing authority of the said post in column No. 2 is mentioned as the State Government. Thus, the DGP has no competence to issue the charge sheet. In support of this contention, the judgments reported in AIR 1996 SC 2289 (Jai Jai Ram and others Vs. U.P. State Road Transport Corporation, Lucknow and others) and 2007 (III) MPJR 265 (P.D. Agrawal Vs. State Bank of India & Ors.) are cited. Lastly, it is submitted that non-supply of documents despite demand runs contrary to the judgment of Supreme Court reported in (2010) 2 SCC 772 ( State of Uttar Pradesh and others Vs. Saroj Kumar Sinha).