ORDER :

1. Proceedings of this matter have been taken-up through video conferencing.

2. The petitioner was subjected to departmental proceedings and ultimately, by order dated 15.1.2009 (Annexure P-2) the petitioner was inflicted with penalty of removal from service, against which, he preferred appeal before the appellate authority/Deputy Inspector General of Police, Chhattisgarh Armed Force, Bhilai Area, Distt.Durg. The appellate authority by the impugned order dated 21.6.2010 (Annexure P-1) dismissed the appeal preferred by the petitioner by brief and unreasoned order, which has been called in question by the petitioner in this writ petition.

3. Mr.Varun Sharma, learned counsel for the petitioner, would submit that appeal preferred by the petitioner was required to be considered and disposed of by the appellate authority in accordance with Rule 27 (2) of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter called as 'the Rules of 1966'), which has not been done in this case and in one line, the petitioner's appeal has been dismissed, which is not in consonance with Rule 27(2) of the Rules of 1966, as such, the order of the appellate authority deserves to be setaside and the matter be remitted to the appellate authority for considering the appeal of the petitioner afresh in accordance with Rule 27(2) of the Rules of 1966.

4. On the other hand, Mr.Ravi Bhagat, learned Deputy Government Advocate for the respondents/State, would support the impugned order.

5. I have heard learned counsel for the parties and considered their rival submissions made hereinabove and also went through the records with utmost circumspection.

6. It is true that the petitioner is governed by the Chhattisgarh Police Regulations and his appeal is governed by Regulation 262 of the Police Regulations, which states as under:

“262. Appeal. – Every officer against whom an order may be passed under Regulation 214 and who thinks himself wronged thereby shall be entitled to prefer an appeal against such order to the authority immediately superior to the officer who passed the order of punishment and if the appeal is from an officer of the rank of Inspector or of an equivalent rank and the appeal relates to an order that that referred to in sub-head (1) of Regulation 214 and is rejected by the appellate authority, he may prefer a second appeal to the State Government.”

7. Regulation 262 of the Police Regulations is silent about the procedure to be followed while considering the appeal, but how the appeal has to be decided and whether aid and assistance can be taken from the provisions contained in the Rules 1966.

8. The Madhya Pradesh High Court in the matter of Mahesh Kumar Shrikishan Tiwari v. State of Madhya Pradesh and Ors., 1985 MPLJ 516 (see P22.) held that the applicability of the Control and Appeal Rules is not altogether excluded, where the Police Regulations are silent, the provision of Control and Appeal Rules would apply in departmental enquiries against subordinate police staff.

9. There is no express provision with regard to the manner of hearing the appeal, therefore, following the principle of law laid down by the Madhya Pradesh High Court in Mahesh Kumar Shrikishan Tiwari (supra), Rule 27 of the Rules of 1966 can be taken aid of for consideration of appeal.

10. Rule 27 of the Rules of 1966 provides as under:

“27. Consideration of appeal.( 1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 9 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in rule 10 or enhancing any penalty imposed under the said rule, the appellate authority shall consider,-

(a) whether the procedure laid down in these rules has been complied with and if not, whether such noncom