The requirement to provide an opportunity of hearing before disagreeing with the findings of an Enquiry Officer and issuing a show-cause notice, as per the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966.

Parties through their Counsel. Proviso.

2. The petitioner before this Court has filed this present petition being aggrieved by a show-cause notice dated 30-5-2012 issued by the Inspector General of Police, Indore Zone, Indore seeking explanation from the petitioner as to why he should not be dismissed from the service.

3. The contention of the petitioner is that he is serving as an Assistant Sub-Inspector of Police and on account of certain alleged misconduct, a charge-sheet was issued to the petitioner. An order was passed for holding joint enquiry on 30-3-2011 and thereafter, an Enquiry Officer was appointed to conduct an enquiry. The petitioner has further stated that the Enquiry Officer after enquiring into the matter submitted the enquiry report on 22-3-2012 and exonerated the petitioner in respect of the charges levelled against him.

4. The contention of the petitioner is that thereafter, the Inspector General of Police, who is the Appellate Authority has issued a show-cause notice' on 30-5-2012 and he has disagreed with the findings arrived at by the Enquiry Officer. Learned Counsel for the petitioner has argued before this Court that the Inspector General of Police has not only disagreed with the findings arrived at by the Enquiry Officer but he has held the charges established against the petitioner. It has also been stated in the show-cause notice that the petitioner is being granted time to file a reply against the proposed punishment of dismissal from service.

5. Learned Counsel has argued before this Court that keeping in view the statutory provisions as contained under the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, the Disciplinary Authority while holding the petitioner guilty of the alleged charges should have supplied the note-of-descent and thereafter, final order should have been passed in the facts and circumstances of the case.

6. He has placed reliance upon a judgment delivered by the Apex Court in the case of Yoginath D. Wagde Vs. State of Maharashtra and another, reported in AIR 1999 SC 3734, and his contention is that the Apex Court in the similar circumstances has quashed the impugned order therein. Learned Counsel prays for quashing of the impugned order show-cause notice dated 30-5-2012.

7. A detailed and exhaustive reply has been filed in the matter and the stand of the State Government is that the Inspector General of Police is competent to review any order passed by the Subordinate Authority by invoking the provisions as contained in Para 270 of the Police Regulations and therefore, the show-cause notice was issued to the petitioner while holding the petitioner guilty in respect of the alleged misconduct.

8. Learned Counsel for the respondents/State has argued before this Court that no order of punishment has been inflicted upon the petitioner till date and the department has rightly issued a show-cause notice on 30-5-2012 and the petitioner has been granted an opportunity of hearing in the matter. It has also been argued before this Court that the present writ petition is a premature writ petition and the show-cause notice has been issued under Section 270 of the Police Regulation. He prays for dismissal of the writ petition.

9. Heard the learned Counsel for the parties at length and perused the record.

10. In the present case, it is not in dispute that the petitioner is working as an Assistant Sub-Inspector and it is also not in dispute that a charge-sheet was issued on 8-4-2011 for the alleged misconduct and thereafter, an Enquiry Officer was appointed to enquire the matter. The Enquiry Officer submitted a detailed and exhaustive enquiry report and also exonerated the petitioner in respect of the charges levelled against the petitioner. The Inspector General of Police after taking into account the enquiry report submitted by the Enquiry Officer has issued a show-cause notice on 30-5-2012 and the impugned show-cause clearly reflects that the Inspector General of Polic