STATE OF M.P. Vs. RAJENDRA SINGH GURJAR

JUDGEMENT

(1.) This appeal under Section 2(1) of the Madhya Pradesh Uchch Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 at the instance of the State of Madhya Pradesh and its functionaries directed against the order dated 17.11.2016 passed in W.P.No.2317/2017; whereby, learned Single Judge has interfered with the order of punishment dated 31.07.2006 of stopping of one increment with cumulative effect and the order dated 29/30.03.2007 passed in appeal on the ground that these order bearing based on the decision in a suo motu revision taken by the Inspector General of Police, Gwalior Range on 14.09.2001 which was without affording opportunity of hearing as contemplated under M.P. Police Regulation 270, therefore, inherent a basic defect.

(2.) Prima facie, the observation by learned Single Judge from Police Regulation 270 contemplates an opportunity of hearing when tested on the anvil of said Regulation appears to be correct. Regulation 270 contemplates :

(3.) Thus incumbent it is upon the Authority exercising suo motu revisional powers, to afford an opportunity of hearing before taking the decision. And an order passed without adhering to said stipulation can be said to be bad in law.