ASHOK KUMAR UPADHYAY Vs. STATE OF M.P

JUDGEMENT

(1.) SINCE singular question is pressed by learned counsel for the petitioners which is common in all the petitions, the petitions are analogously heard and decided by this common order.

(2.) IN all these petitions, the petitioners have challenged the disciplinary proceedings on the singular ground that as per the Police Regulations, charge sheet could have been issued only by Superintendent of Police. Since Regulation prescribes the authority i.e. Superintendent of Police, charge sheet issued by any other authority and consequential disciplinary proceedings and orders based on it be declared illegal. In WP Nos. 3396/2008 and 5886/2012 the petitioners are Inspector and charge sheet is issued by Inspector General of Police. In WP Nos. 4593/2012 and 7680/2013 petitioners are Inspector and charge sheet is issued by Deputy Inspector General of Police.

(3.) LEARNED counsel for the petitioners have placed reliance on Division Bench judgment reported in (Arun Prakash Yadav Vs. State of M. P. and Ors., 2013 3 MPJR 131). On the basis of this judgment, it is contended that Superintendent of Police alone is competent to issue charge sheet and therefore, entire disciplinary proceedings based on a charge sheet issued by incompetent authority is liable to be interfered with.