Arun Prakash Yadav vs The State Of Madhya Pradesh Thr on 31 March, 2016
15. The petitioner has also challenged the charge-sheet on
the ground of authority that the D.I.G. is not the competent
authority to initiate the Departmental Eqnuiry. The Division
Bench in the case of Arun Prakash Yadav v/s The State of
Madhya Pradesh & Others reported in 2013 (3) M.P.L.J.
508 has held that disciplinary proceedings against an
Inspector of Police, the Superintendent of Police along is the
competent authority to initiate the disciplinary enquiry and
impose the major penalty and quashed the charge-sheet
issued by the D.I.G. On this ground alone, the charge-sheet
are liable to be quashed. Even otherwise in the year 1990,
the explanation was called from the petitioner and after
submission of the explanation, no action was taken against
the petitioner, therefore, on same charges, the issuance of
charge-sheet is not permissible.