D. D.RAMPURE Vs. STATE OF M.P.

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution the petitioner has called in question legality, validity and propriety of the order dated 17.10.2012 (Annexure P/1). Consequential order Annexure P/2 dated 12.11.2012 is also assailed in this petition.

(2.) The petitioner a Sub Registrar was served with a charge sheet under Rule 14 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. Against the said charge sheet (Annexure P/3) petitioner submitted his reply and denied the charges in toto. Thereafter, the respondent No.2 Inspector General, Registration & Superintendent Stamps instituted a departmental enquiry against the petitioner. In turn, the enquiry officer submitted his report Annexure P/ 6. In his detailed report, running in six pages, the enquiry officer exonerated the petitioner from the charges and opined that the charges are not established against the petitioner. The said report was brought to the notice of the disciplinary authority / respondent No.2. The said authority, after considering the enquiry report, passed a detailed order running in four pages, whereby enquiry against the petitioner was dropped. Thereafter by order dated 17.10.2012 (Annexure P/1) same authority / respondent No.2 directed that after examining the department enquiry of the petitioner, which was closed and dropped by order dated 21.07.2011, it is felt necessary to examine certain more points and, therefore, matter needs to be remitted back to the enquiry officer. It is stated that after obtaining permission of review from the State Government, the matter is reviewed and is remitted back to conduct further enquiry on certain points as mentioned in Annexure P/1.

(3.) Learned counsel for the petitioner submits that after passing the order Annexure P/7 dated 21.07.2011 the disciplinary authority / respondent No.2 has no authority to pass the order Annexure P/1. He submits that there exists no enabling provision in MPCS (CCA) Rules to reopen the enquiry which was dropped by Annexure P/7 by same authority.