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NEUTRAL CITATION NO. 2026:MPHC-GWL:3447

1 WP. No. 16409 of 2017

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

th

ON THE 28 OF JANUARY, 2026

WRIT PETITION No. 16409 of 2017

NARENDRA SINGH VERMA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Pratip Visoria - Advocate for petitioner.

Shri Yogesh Parashar – Government Advocate for respondent/State.

ORDER

This petition, under Article 226 of Constitution of India, has been filed

seeking the following relief (s):-

“1. That, the order dated 04.04.2002 (AnnexureP/1) passed by

Respondent No.3 may kindly be quashed with all consequential

benefits.

2. That, any other relief which this Hon’ble Court deems fit

including the cost of the petition may kindly be granted.”

2. Learned counsel for the petitioner submits that petitioner was holding the

post of Inspector and at the relevant point of time in the year 2000, petitioner was

posted as Sub-Inspector at Police Station Unnao, District Datia. On the basis of

Signature Not Verified

Signed by: MOHD AHMAD

Signing time: 1/29/2026

7:04:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3447

2 WP. No. 16409 of 2017

false allegations, a charge-sheet was issued against petitioner. Thereafter,

petitioner submitted his reply to the charge-sheet. Subsequently, a departmental

inquiry was initiated against him. Subsequently, the Superintendent of Police

passed the impugned order dated 02.04.2002 (Annexure P/1), imposing a major

punishment of withholding one annual increment with cumulative effect. It is

further submitted that the said major penalty has been imposed by the

Superintendent of Police, whereas as per the Police Regulations, the

Superintendent of Police is competent to impose only minor punishments up to

the rank of Inspector. It is also submitted that the appointing authority of

petitioner is the Deputy Inspector General of Police (DIG), whereas the

impugned order has been passed by the Superintendent of Police, who is not

competent to impose such punishment. Learned counsel for petitioner has relied

upon the order dated 16.09.2020 in W.P. No. 7662/2018 (Ashok Sharma v. State

of M.P. and others) and order dated 01.11.2011 in W.P. No. 2882/2007

(Nandkishore v. State of M.P.) passed by the Co-ordinate Bench of this Court.

3. Learned counsel for the respondent/State submits that the petitioner has an

alternative remedy to file a statutory appeal against the punishment order. It is

further submitted that after conducting the departmental inquiry, the petitioner

was punished by the impugned order. It is also submitted that the scope of

judicial review in departmental inquiry proceedings is very limited, and the High

Court does not sit in appeal over the decision of the Disciplinary Authority and,

therefore, he supports the impugned order and prays for dismissal of the petition.

4. Heard the learned counsel for parties and perused the record.

Signature Not Verified

Signed by: MOHD AHMAD

Signing time: 1/29/2026

7:04:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3447

3 WP. No. 16409 of 2017

5. At the relevant point of time, the petitioner was posted as Sub-Inspector,

and a major punishment has been imposed by the Superintendent of Police, who

is not the competent authority to impose a major punishment up to the rank of

Inspector. This controversy has already been decided by the Co-ordinate Bench

of this Court in the case of Ashok Sharma (supra), the relevant paragraphs of

which are reproduced hereinbelow for ready reference and convenience:

In this petition under Article 226 of the Constitution of

India, the petitioner has assailed the validity of the order

dt.30.09.2017 (Annexure P/2) passed by the

Superintendent of Police, Ashok Nagar as well as the

order passed by the appellate authority on 15.02.2018

(Annexure P/1), whereby the penalty of stoppage of one

increment with cumulative effect has been imposed upon

the petitioner.

It is submitted by the learned counsel for the petitioner

that the impugned order dt.30.09.2017 (Annexure P/2)

passed