RAM AUTAR PANDE Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition was originally filed on 17-12-1986 before this Court and was registered as Misc. Petition No. 4137/86, however, on the formation of the M. P. State Administrative Tribunal, this petition was transferred to its and after abolition of the Tribunal again this petition has been received by this Court for adjudication.

(2.) THE petitioner by this petition has challenged his order of compulsory retirement passed after holding disciplinary enquiry against him. That order is Annexure A-21 which has been passed by DIG, Police. It is no more in dispute that later on the said order by which the petitioner was directed to be retired compulsorily was affirmed in the departmental appeal vide Annexure A-23, dated 2-9-1983 by Inspector General of Police and the revision petition which was preferred by the petitioner before the Director General of Police was also dismissed vide Annexure R-2 on 29-10-1984.

(3.) SHRI Aseem Dixit, learned Government Advocate, has not disputed that the appointing authority is I. G. , Police. Since the petitioner was appointed and serving on the post of Sub Inspector and there is nothing on record in order to indicate that any powers were delegated to DIG, Police to pass any order of punishment by the appointing authority, therefore, the impugned order passed by DIG, Police (Annexure P-21) punishing the petitioner by an order of compulsory retirement can not be allowed to remain stand since it has been passed by an authority having no jurisdiction and who is inferior to the appointing authority. Thus, the impugned order (Annexure P-21) is coram non judice. In the case of Sardar Badeosingh Nageenasingh v. State of M. P. and Ors. , 1989 MPLJ 443, similar situation was arose where an order of compulsory retirement as a consequence of departmental enquiry of a Head Constable was passed by Superintendent of Police who is subordinate to I. G. , Police was found to be illegal. In the present case also since the appointing authority is I. G. , Police and the order of compulsory retirement which is a consequence of departmental enquiry, has been passed by DIG, Police, as such the said order of punishment is void ab initio.