K.C. Bhargava vs The State Of M.P on 17 July, 2012
12 Under the provisions of Clause (c) of sub-rule (5) of
Rule 14 of M.P. Civil Services ( Classification, Control and
Appeal ) Rules, 1966, it is the duty of the department to
appoint Inquiry Officer and Presenting Officer to prove the
charges against the delinquent. In the present case,
admittedly, Presenting Officer was not appointed and only
Enquiry Officer was appointed, who acted as Presenting
Officer and Enquiry Officer as well, therefore, the entire
inquiry has been conducted in violation of Rule 14 of CCA
Rules, 1966 . This Court in the case of K.C. Bhargava
Vs. State of M.P. and another reported in [ 2012(4)
MPLJ 244 ] has held that due to non-appointment of
Presenting Officer, entire inquiry vitiates. Para 9 is
reproduced below :