H.S. THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE original application was filed before the M.P. State Administrative Tribunal challenging the order of penalty of compulsory retirement after a departmental enquiry. It was contended that the departmental enquiry was not conducted properly. The order was issued by the Additional Director General of Police, Bhopal, therefore, treating as if the penalty was imposed by the Director General of Police, an appeal was preferred before the State Government. Since the appeal was not being decided, the petitioner has approached the Tribunal under the Administrative Tribunals Act, 1985.

(2.) THE Tribunal entertained the original application, issued notices to the respondents, who have filed their return denying the allegations made in the petition and contending that the departmental enquiry was rightly conducted after affording full opportunity of hearing to the petitioner. However, a rejoinder was filed by the petitioner controverting such stand taken by the respondents -State. Later on an application for amendment in the original application was filed by the petitioner indicating that during pendency of the original application, the appeal filed by the petitioner was decided on 27.04.2001 and the same has been rejected by the Director General of Police. The amendment was allowed by the Tribunal. Since the Tribunal was closed, the matter has been transmitted to this Court and is registered as writ petition.

(3.) FROM the provisions of Madhya Pradesh Civil Services (Classification, Control & Appeal) Rules, 1965 and the Schedule appended with the said Rules, it is clear that the post of Inspector in the Home (Police) Department is categorically sanctioned. The appointing authority on the said post is the Inspector General of Police as was the post at the relevant time. The nomenclature of the post of Inspector General of Police after its upgradation and creation of post of Director General of Police has been changed in the Police Headquarter of the State. The competent authority to impose penalty as reflected in the said Schedule of the Rules indicates that the Inspector General of Police is the competent authority to impose all punishments on the Inspectors of Police. The next provision is with respect to the appellate authority and the State of Madhya Pradesh is the appellate authority in respect of appeals made against such orders of penalty. That being so, the appeal of the petitioner was required to be decided by the State Government and not by the Director General of Police.