SHIV PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by show-cause notice dated 31-10-2007 issued by respondent No. 2 in exercise of powers of review under Rule 29 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.

(2.) SUBMISSIONS of the learned Counsel for the petitioner are two fold, firstly, that the respondent No. 2 has no power or authority to exercise powers of review in respect of the petitioner; and secondly, that the Reviewing Authority has no power to take into consideration the past record of the petitioner as the departmental Enquiry against the petitioner was in respect of specific charges and incidents which occurred on 16-11-2005 and 25-5-2005 and on this basis it is submitted that the Reviewing Authority has no power to look into the record of the petitioner prior to that period.

(3.) PROPERLY appreciating the submissions made by the learned counsel for the petitioner it is relevant to take note of the provisions of Rule 29 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, which reads as under:-