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1998 Supreme(MP) 923

B.A.KHAN, SHAMBHOO SINGH
Kanhiyalal Rawal – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Sethi with Umesh Gajankush and Rajendra Sugandhi for petitioner
Bhargava, Additional Advocate General for respondents.

ORDER

Khan, J. -- 1. Petitioner entered service as Constable. He was later promoted to post of Head Constable under the orders of DIG. At one stage he was charged of dereliction of duty and dismissed from service pursuant to enquiry held against him vide order passed by the Superintendent of Police. He assailed his dismissal from service before State Administrative Tribunal on various grounds including picking holes on the inquiry. He also alleged that dismissal order suffered from want of jurisdiction as S.P. was not competent to impose punishment of .dismissal on him. The Tribunal partly allowed his petition holding the charges and enquiry against him in order but set aside the dismissal on the ground of incompetence of S.P. to pass the order. While doing so it referred to a judgment of this Court in 1983 JLJ 599 wherein order of dismissal of the concerned employee was held void in similar circumstances having been passed by the incompetent Authority. Drawing analogy from this, Tribunal observed The same thing happened in this case also." It accordingly quashed the order of dismissal but declined back wages to petitioner and granted liberty to Competent Authority to start fresh p

















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