Sheel Nagu, J. : -

The following question has been referred to this larger Bench for being answered :

"Whether under Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, charge-sheet can be issued and enquiry and presenting authorities can be appointed by any other authority than the authorities empowered and mentioned in the Rules? Accordingly, in view of conflicting views between the judgments of N. K. Pandey and Dal Chand Ahirwar (supra), it may be decided as to which view is correct." 2. The undisputed facts in the present case are as follows :-

1. The petitioner in Writ Petition No. 6206/2011, which is being taken as a reference case, is an Inspector of Police, who, at the relevant point of time (issuance of charge-sheet), was enjoying salary in the pay-scale of Rs 6500-10500/-.

2. Pay-scale attached to the post of Inspector of Police is upgraded to Rs 6500-200-10500/- w.e.f. 1-9-2007 by executive instruction dated 8-11 -2007 (vide P-2).

3. All posts, which are filled by direct recruitment and promotion, and which carry pay scale of Rs 6500-10500/- are declared as Gazetted Class-II posts by executive instruction dated 11-4-2008 (vide P-3).

4. The