RAMESHCHANDRA Vs. STATE OF M P
LAWS(MPH)-2002-9-35
HIGH COURT OF MADHYA PRADESH
Decided on September 30,2002

RAMESHCHANDRA Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

- (1.)THE petitioner has lodged his grievance against the order dated 4-7-98 passed by the M. P. State Administrative Tribunal, Indore Bench (Division Bench) in O. A. No. 499/96 whereby the learned Tribunal has dismissed his petition and maintaining the order of removal of the petitioner from service dated 30-4-94 passed by the then Superintendent of Police, Dhar and affirmed in appeal by order in appeal dated 27-7-94 as well as in the representation by order dated 17-2-95 respectively.
(2.)THE petitioner assailed the order of removal from service before the learned Tribunal on three grounds :-
(i) He was appointed by way of promotion as Head Constable by the Dy. Inspector General of Police vide order dated 23-9-98 whereas he was removed by the Superintendent of Police. Therefore, the order of removal was without jurisdiction. (ii) Regarding non-compliance of Rule 18 of the M. P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as the 'rules' ). According to him, without any order by the competent authority by common proceedings, the departmental enquiry was held against the petitioner and Constable Vijaysingh. Therefore, the same was without jurisdiction, (iii) He contended that the punishment imposed on him was disproportionate to the allegations levelled against him. Learned Counsel for the petitioner relied upon the following judgments reported in Navin Kumar v. State of M. P. and Ors. (1989 MPLJ 514) and Mahesh Kumar v. State of M. P. and Ors. (1985 MPLJ 516 ).

(3.)THE learned Tribunal refused to entertain any of the grounds and dismissed the petition by the impugned order which is under challenge before this Court in this writ petition.


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