VIKRAM SINGH RANA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed challenging the order Annexure -P/3 dated 12 -11 -2005 passed by the Respondent No. 2 by which the order of penalty offered by Respondent No. 3 vide Annexure -P/1 dated 18 -10 -2005 has been ordered to be cancelled, with a further direction to make regular departmental enquiry against the Petitioner and to pass appropriate order after such enquiry.

(2.) IT is the case of Petitioner that he was punished by an order Annexure -P/1 dated 18 -10 -2005 inflicting on him the minor penalty after issuing a show cause notice. By such order, penalty of withholding one increment with non -cumulative effect for a period of 6 months was passed. In the show -cause notice Annexure -P/2 dated 15 -9 -2005 some non -compliance, in one case of NDPS Act, during investigation was alleged. The show -cause notice was issued to him of the proposed penalty of withholding of one increment with non -cumulative effect. After filing the reply by the Petitioner, order of minor penalty dated 18 -10 -2005 Annexure -P/1 was passed.

(3.) PER contra, Shri A.S. Gokhale, Government Advocate appearing on behalf of Respondents submits that the order Annexure -P/3 has rightly been passed by the Respondents in compliance to the provisions Clause (4) of para 270 of M.P. Police Regulations. It is urged, that by passing the order Annexure P/3 no serious prejudice has been caused to the Petitioner; because, no other order of penalty, after varying or enhancing the earlier order has been passed by the Respondents, while exercising the suo motu powers of revision. By the order impugned merely the fresh enquiry has been ordered. However, it cannot be said that any prejudice has been caused to the Petitioner. It is said by him that, in the facts of the present case, compliance of Clause (4) of para 270 of M.P. Police Regulation is not necessary. It is further urged, that, by cancelling the order of minor penalty, the order to hold the fresh inquiry has been ordered, however while passing such an order, opportunity of hearing is not required to be offered to the Petitioner. Therefore, it is prayed that the petition filed by Petitioner deserves to be dismissed.