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State of Madhya Pradesh - Section

Section 28 in The M.P. Vishesh Sashastra Bal Niyam, 1973

28. Retirement on grounds of unsuitability.

(1)Where a Commandant is of the opinion that any officer of the Special Armed Force of or below the rank of a Head Constable working under his Command is unfit to be retained in service he may after giving him an opportunity of showing cause, retire him from the service :Provided that where in the interest of the State it would be expedient so to do. it shall be lawful for the Commandant to pass an order as aforesaid without giving the Officer such opportunity to show cause.
(2)Where a Commandant is of the opinion that any Officer above the rank of a Head Constable of the Special Armed Force working under his Commandant is unfit to be retained in the service of the said Force he may recommend to the Appointing Authority that such Officer be retired from service.
(3)He shall also forward to the Appointing Authority the reasons for his recommendation along with the record of service of the Officer.
(4)The Appointing Authority may on receipt of such recommendation and after giving the officer an opportunity to explain his case pass such order as it may deem fit :Provided that where in the interest of the State it would be inexpedient so to do, it shall be lawful for the Appointing Authority to pass an order as aforesaid without giving the officer the opportunity to explain his case.
(5)In this rule Appointing. Authority means the State Government or such Authority to whom the power of appointment to the service of the Special Armed Force has been or may hereafter be delegated by the Government.