ARUN PRAKASH YADAV Vs. STATE OF M P

JUDGEMENT

(1.) The following question has been referred to this larger Bench for being answered:

(2.) In the backdrop of the undisputed factual matrix supra, this Court is persuaded to hold that the Regulation 228 categorically provides for issuance of charge-sheet to an Inspector of Police and, therefore by necessary implication arising out of conjoint reading of Regulation 213 and Rule 3(1)(d) of 1966 Rules, the applicability of 1966 Rules gets excluded qua an Inspector of Police as regards the subject-matter of competence to issue charge-sheet.

(3.) As such, an Inspector of Police while questioning the competence of an authority empowered to issue charge-sheet, can seek to invoke the applicability of 1966 Rules, only when he can successfully establish that mere declaration of post of Inspector to be gazetted by an executive fiat, results in automatic inclusion of the post of Inspector in the gazetted service constituted by the Gazetted Rules.