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2006 Supreme(MP) 1352

DIPAK MISRA
Sushil Kumar Shrivastava – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Vipin Yadav.
For Respondents:Jaideep Singh, Government Advocate.

ORDER

1. The petitioner, a Sub-Inspector in the department of police was proceeded against in a disciplinary proceedings and after completion of the enquiry, he was visited with the punishment of placement in the minimum of pay scale for a period of two years and further was also given warning to improve his attitude failing which no sympathy would be shown in the future.

2. Grieved by the aforesaid order, the petitioner preferred an appeal under paragraph 262 of the Police Regulations. Thereafter, a show cause notice under paragraph 270 (4) of the aforesaid Regulations was issued to him for retiring him compulsorily. He submitted the reply to the show cause and eventually by order dated 29.8.2005, Annexure P-8, he was visited with the punishment of compulsory retirement. The petitioner intended to prefer an appeal to the State Government but a clarification was issued that no appeal did lie against said order. It is contended that the respondent No.2, Director General of Police, could not have exercised the power of review after lapse of two years, inasmuch as the order of punishment was passed on 29.4.2003. It is further put forth that the respondent No.2 had not assigned any reas























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