VIKRAM SINGH RANA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed challenging the show-cause notice Annexure A-3, dated 18-2-1999 and the show-cause notice Annexure A-4, dated 16-3-99 issued by respondent No. 2 to the petitioner. It is urged that issuance of such show-cause notice by the Appellate Authority after passing the order in appeal is illegal and without jurisdiction.

(2.) IT is the case of the petitioner that he was served with a charge-sheet and after holding regular departmental enquiry the order of penalty Annexure A-l, dated 28-7-1998 was passed. By which penalty of withholding of two increments with cumulative effect has been ordered by respondent No. 3. Petitioner has filed an appeal challenging the order of respondent No. 3, before respondent No. 2. The Appellate Authority has rejected the appeal vide order dated 18-2-99 Annexure A-2 affirming the order of respondent No. 3. On the same date, i. e. , 18-2-99, a show-cause notice was issued, to petitioner asking reply from him. In the notice it is mentioned that

(3.) AFTER about three months, a show-cause notice has also been issued by the Appellate Authority as per Annexure A-4, dated 16-3-99 asking reply for enhancement of the penalty as removal from service in place of withholding of two increments with cumulative effect. The petitioner has filed this petition challenging the tenability of the show-cause notices, Annexures A-3 and A-4 issued by respondent No. 3. It is urged by the Counsel for the petitioner as per Para 270 of the M. P. Police Regulations, after deciding the appeal by the Appellate Authority, having no competence to issue the notice for exercising the suo motu revisional jurisdiction in the matter. It is further urged that notice as issued by the respondent No. 2 is wholly without jurisdiction and illegal, therefore, the action as proposed by respondent No. 2 is unwarranted and bad in law.