The competency of the Commissioner to initiate disciplinary action and impose minor penalties on Class I and Class II government employees was established based on the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, and relevant orders of the Governor.

JUDGMENT

1. Heard.

2. The petitioner who is working as Medical Specialist has challenged the charge sheet dated 21/10/2010 issued by the Commissioner under Rule 14(3) of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. The petitioner is also aggrieved with the order of the Commissioner dated 10/7/2012 whereby the Commissioner had appointed the enquiry officer and presenting officer.

3. Submission of learned counsel for petitioner is that the petitioner is a Class I employee working as Medical Specialist posted at Chief Medical and Health Officer, therefore, Commissioner is not competent to issue the charge sheet.

4. As against this, learned counsel for respondents has supported the impugned orders.

5. Having heard the learned counsel for parties and on perusal of the record, it is noticed that the issue involved in the present case is already settled by this court in the matter of Dr.(Ms.) Savita Yadav Vs. State of MP & Ors. 2015 MPLJ 652 wherein it has been held that:-

'9. In terms of the Rule 12(2) any penalty, either minor or major, can be imposed by the appointing authority or the authorities specified in schedule or any other authority empowered by the general or special order of the Governor. The Governor by order dated 13th August 1997 exercising the power under Rule 12 (a) & (b) has issued the following order empowering all the Divisional Commissioners of the State to impose the minor penalties under Rule 10 on Class-I & Class-II Officers (except of the officers of the Judicial Services and the Police Department) of the State Government posted within their respective divisions:-

' No. C-6-5-97-3-I . In pursuance of Clause (a) and (b) of sub-rule (2) of Rule 12 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, the Governor of Madhya Pradesh hereby, empowers all Divisional Commissioners of the State to impose the penalties specified in clauses (i) to (iv) of Rule 10 of the said rules on Class I and Class II officers (except of the officers of the Judicial Services and the police department) of the State Government posted within their respective divisions."

10. The position has further been clarified by subsequent order of Governor under the above Rules published in the gazette dated 15th September 2008 empowering all the Divisional Commissioners of the State to take disciplinary action and impose minor penalties, which reads as under:-

'Bhopal, the 15th September 2008

No. C-6-1-2008-3-I.- In pursuance of clause (a) and (b) of sub-rule (2) of Rule 12 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 and in supersession of this Department's Notification No. C-6-5-97-3-I, dated 1st January, 2002, the Governor of Madhya Pradesh hereby empowers all Divisional Commissioners of the State to take disciplinary action and to impose the penalties specified in clause (I) to (IV) of Rule 10 of said rules on Class I and Class II Government servants (except the officers of the Judicial services, police department and posted in non-governmental Institutions/Organizations/Undertakings) of the State Government posted within their respective divisions.

By order and in the name of the Governor of Madhya Pradesh AQUEELA HASHMAT, Dy. Secy."

11. In terms of Article 311 (1) of the Constitution of India, no member of the State Civil Service or holder of the civil post can be dismissed or removed by an authority subordinate to the appointing authority, but Article 311(1) of the Constitution does not provide that even the departmental proceeding must be initiated only by the appointing authority. If there is no Rule providing for initiation of the departmental proceeding by the appointing authority, then any superior controlling authority can initiate departmental proceeding. Hence initiation and conducting of departmental proceeding can be by any superior controlling authority in addition to the authority competent to impose penalty, if the relevant s