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16. Whereas, it may be true that the DGP had not sent his comments despite various communications sent to him on that behalf, but that appears to be for the reason that he had already expressed his opinion as regards validity of action taken against Shri Malik. Assuming the respondents were not aware of this fact, they ought to have insisted upon the DGP to give his comments. No action, in our view, was warranted against the applicant without approval of the DGP. The State Governments are not powerless to obtain the view of the DGP. Further, the very fact that before receipt of DGPs comments draft charges had since already been framed, would prove conclusively that no one had at all applied his mind on the reply given by the applicant to the show cause notice. The instructions referred to above clearly required the respondents to apply their mind carefully to the defence projected by the applicant. DGPs comments were asked for, and without receipt of the same, the chargesheet came to be issued to the applicant. In the order dated 14.12.2009 reproduced above, it has indeed been mentioned that the explanation given by the applicant was not acceptable, but it appears to us that the same has only been formally mentioned without actually applying mind to the explanation furnished by him. As mentioned above, mind had already been made to chargesheet the applicant without considering his explanation, as a draft chargesheet had already been framed.