Tarun Kumar Mishra Versus State of M.P. & Ors.

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 14649 of 2021, Judgment Date: Oct 21, 2021

Law laid down -

As per the provisions of Rule 14 of MP Civil Services (Classification, Control & Appeal) Rules, 1966, the disciplinary authority has to apply its mind separately at two different stages, (i) initiation of proceeding and (ii) approval of charge-sheet. It is not enough that if the disciplinary authority has formed an opinion to initiate the disciplinary proceeding and signed it, but for issuance of charge-sheet it would not be required to sign it by the disciplinary authority. The disciplinary authority has to sanction the charge memo by signing it, although disciplinary authority may assign some subordinate officer to serve the same upon the delinquent. In absence of approval by the disciplinary authority, if any charge-sheet is issued, the same would become non est in the eyes of law.

Tarun Kumar Mishra Versus State of M.P. & Ors.