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SUPREME COURT
A.M. Khanwilkar, J
State of M.P. and Others v. Dr. Yashwant Trimbak
| Table of Content |
|---|
| 1. background on departmental inquiry and governor's sanction. (Para 2 , 3 , 4) |
| 2. contestation between parties regarding the sanction authority. (Para 6 , 7) |
| 3. court's view on the validity of orders executed in the governor's name. (Para 10 , 11) |
| 4. interpretation of executive powers and decision-making authority. (Para 14 , 19) |
| 5. outcome of the appeal and reinstatement of proceedings. (Para 21 , 22) |
1. Leave granted.
2. This appeal is directed against the order dated 30th April, 1993 of the Madhya Pradesh Administrative Tribunal (Indore Bench)in the Transfer Application No. 3551 of 1988. By the impugned order the Tribunal has held that the departmental enquiry against the respondent was instituted without a proper and valid sanction as contemplated by R.9(2)(b)(i) and (ii) of the Madhya Pradesh Civil Services Pension Rules , 1979 (hereinafter as 'Pension Rules') and as such it is not sustainable and deserves to be quashed. Being aggrieved by the aforesaid order of the Tribunal the State of Madhya Pradesh has approached this Court.
3. The respondent had retired from the post of Director Institute of Animal Health and Veterinary Biological Products, Mhow on 31th July,
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