LAWS(MPH)-2013-12-88

P.S. SOLANKI Vs. STATE OF M.P.

Decided On December 17, 2013
P.S. Solanki Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) By invoking jurisdiction of this Court under Article 226 of the Constitution, the petitioner has challenged the disciplinary proceedings and punishment order passed by the State Government dated 12.08.2013 (Annexure P/1). By this order two annual increments of the petitioner are withheld without cumulative effect.

(2.) Shri D.K. Katare, learned counsel for the petitioner, submits that initially a show cause notice dated 03.01.2012 (Annexure P/5) was issued to the petitioner by Police Head Quarter (PHQ). Petition filed his reply. Shri Katare submits that since the disciplinary authority of the petitioner is the State Government, the State Government, (Home Department), issued a show cause notice dated 28.04.2012 (Annexure P/7). The petitioner submitted his detailed reply (Annexure P/8) dated 26.05.2012. Thereafter, the respondents passed the impugned order without considering the reply of the petitioner. He submits that it runs contrary to the principles of natural justice and mandate of CCA Rules.

(3.) Prayer is opposed by Shri R.P. Rathi, Govt. Advocate. He submits that in view of the conduct of the petitioner, a punishment order, commensurate to the misconduct, is passed which does not require any interference.