R S UMRAIYA Vs. STATE OF M P

JUDGEMENT

(1.) Heard. This petition is directed against the order Annexure P-1 dated 4.10.2013 whereby the respondents have decided to conduct an enquiry as per the procedure laid down under Article 14 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. Shri D.S. Raghuvanshi, learned counsel for the petitioner advanced singular contention. It is contended that the petitioner was served with a show cause notice under Rule 16 of the C.C.A. Rules on 17.6.2013 (Annexure P-3). The petitioner submitted his reply on 19.7.2013 (Annexure P-4). The respondents have erred in issuing Annexure P-1 whereby they have decided to conduct a full fledged enquiry under Rule 14 of the C.C.A. Rules. It is contended that enquiry as per Rule 14 of the C.C.A. Rules cannot be conducted in a case where charge sheet is issued under Rule 16 of the C.C.A. Rules.

(2.) I have heard the learned counsel for the petitioner on this aspect.

(3.) In the considered opinion of this Court, the argument advanced is devoid of merit and substance. If against the show cause notice, detailed reply is filed, it is open to the respondents to conduct the enquiry. The power is flowing from Rule 16(1) (b) and (1-a) of the C.C.A. Rules. The provision reads as under:-