DHANENDRA SINGH BHADORIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition is filed by the petitioner being aggrieved by the order dated 21.5.2014 passed by respondent No.3, Inspector General of Police, Chambal Zone, Gwalior in exercise of powers under Police Regulation 270.

(2.) The only issue involved in the present case is regarding legality and validity of the exercise of powers by the respondent No.4, Inspector General of Police under paragraph 270 of the Police Regulations. The learned counsel appearing for the petitioner submits that the said power was exercised by the Inspector General without following the procedure prescribed therein as much as he did not issue any notice or give any opportunity of hearing to the petitioner and has directly exercised the powers of review and has set aside the order exonerating the petitioner in the departmental proceedings.

(3.) The respondents have filed their return and in the said return the respondents have justified the order passed by the Inspector General of Police on the ground that the order passed by the DIG exonerating the petitioner was ab -initio void as it was without authority and in such circumstances the Inspector General has rightly set aside the same in exercise of his revisional powers. However, the respondents in the return have categorically stated that in view of the fact that the order passed by the DIG was non -est and abi -initio void, therefore, no notice was given or issued to the petitioner.