ABDUL HAMID KHAN Vs. STATE OF MP

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the charge sheet dated 30th November 2016 issued under Rule 9 of MP Civil Service (Pension) Rules, 1976 read with Rule 14 of MP Civil Services (Classification, Control and Appeal) Rules, 1966.

(2.) The case of petitioner is that he was working as Dy. Superintendent of Police (AJK) and had retired from service on 31/10/2015. Thereafter the impugned charge sheet has been served upon the petitioner for conducting the departmental enquiry but the charge sheet has not been issued personally by the Hon'ble Governor but it has been issued by Under Secretary Home Department by the order and in the name of Hon'ble Governor which cannot be sustained.

(3.) Learned counsel for petitioner submits that as per Rule 9(2)(b)(i) of Pension Rules, for issuing such a charge sheet the sanction of Hon'ble Governor is necessary, therefore, the Hon'ble Governor himself in person is required to grant sanction and that in terms of circular dated 8/2/1989 also the personal sanction of Hon'ble Governor is required and subsequent circular dated 7/9/96 runs contrary to Rule 9. He further submits that the executive instructions contained in circular dated 7/8/96 will not override the provision of Rule 9.