RAJU SINGH AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant takes exception to order dated 29.05.2017 passed in Writ Petition No. 3024/2017 whereby challenge to issuance of charge-sheet on 24.04.2017 by the Superintendent of Police has been negatived.

(2.) Besides other grounds, main ground of challenge to the charge-sheet was that joint enquiry having been ordered by the Superintendent of Police, Shivpuri, against the petitioner, holder of the post of Assistant Sub-Inspector and a Constable in purported exercise of powers under Rule 18 of M.P. Civil Services (Classification, Control and Appeal) Rules, it was beyond the competence of the Superintendent of Police to issue charge-sheet, which was within competence of Deputy Inspector General of Police having the Disciplinary Authority of the Assistant Sub-Inspector of Police.

(3.) Grievance of the petitioner is that though said ground was raised, however, learned Single Judge having glossed over the same dismissed the petition holding that no interference could be caused at the stage of charge-sheet. Contention on behalf of the petitioner is that since very jurisdiction of the Superintendent of Police was questioned, incumbent it was on the part of the Writ Court to have addressed the issue. However, while not addressing same grave prejudice is caused to the petitioner who has been subjected to departmental enquiry on the basis of the charge-sheet issued by an Authority beyond his jurisdiction.