Court dismisses petition challenging SP's jurisdiction in departmental inquiry, endorses punishment for police officer
In a significant judgment, the Madhya Pradesh High Court at Jabalpur, presided over by Justice Deepak Khot, upheld the authority of the Superintendent of Police (SP) to initiate and conduct joint inquiries, as well as to impose punishments such as withholding of increments for police personnel. The court dismissed the writ petition filed by Lajja Shankar Mishra, a Sub-Inspector of Police, challenging the jurisdiction of the SP in a departmental inquiry that resulted in a punishment of withholding one increment with cumulative effect.
The petitioner, Lajja Shankar Mishra, had contended that the SP did not have the jurisdiction under the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, to impose such punishments, arguing that the appointing authority for his rank was the Deputy Inspector General of Police (DIG). However, the High Court found that the Madhya Pradesh Police Regulations, which govern Class III (Non-Ministerial) posts, empower the SP to initiate and conduct disciplinary proceedings as per Regulations 214, 221, and 270.
The court noted that the petitioner was given ample opportunity to present his case and that the principles of natural justice were adhered to during the departmental inquiry. The inquiry had found one of the charges against the petitioner partially proved, leading to the disciplinary action.
Addressing the issue of jurisdiction, Justice Khot stated that the Police Regulations provide the Superintendent of Police with the authority to conduct inquiries and impose penalties, including the withholding of increments, irrespective of the appointing authority specified in the Civil Services Rules. The court referenced the Division Bench decision in Raju Singh Ahirwar v. State of M.P., which confirmed the competence of the SP in such matters.
The petitioner's appeal to the DIG and subsequent representation to higher authorities, including a mercy petition to the Director General of Police, had been rejected, leading him to approach the High Court. The court, however, found no merit in the petitioner's claims and concluded that the punishment was neither excessive nor disproportionate.
This decision reinforces the provisions of the Madhya Pradesh Police Regulations, affirming the procedural authority of the SP in handling departmental inquiries and disciplinary actions within the police force.
Bottom Line :
Departmental proceedings - Superintendent of Police has the authority to initiate joint inquiries and impose punishments such as withholding increments for SI and ASI as per Police Regulations, even though the appointing authority is the DIG.
Statutory provision(s):
- Madhya Pradesh Police Regulations: Regulations 214, 221, 270
- M.P. Civil Services (Classification, Control and Appeal) Rules, 1966
