Full Judgment Text
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PETITIONER:
STATE OF MADHYA PRADESH & ORS.
Vs.
RESPONDENT:
KESHAV
DATE OF JUDGMENT: 02/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (2) 21 JT 1996 (3) 188
1996 SCALE (1)289
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the order of
the M.P. High Court passed on July 14, 1986 in Civil
Miscellaneous Petition No.3382/85. The facts are that the
respondent while working as Agriculture Engineer in the
Directorate of Agriculture is alleged to have committed
misconduct. Consequently, after his retirement on attaining
the age of superannuation on July 31, 1982, proceedings were
sought to be initiated against him and notice therefor was
issued on July 28, 1984. He filed a writ petition on October
14, 1985 calling in question the jurisdiction of the
Government to initiate proceedings. The High Court in the
impugned order held that the Governor has to personally
satisfy himself of the necessity to initiate proceedings and
since the Governor has not passed the order, the Government
cannot go into the question and conduct disciplinary
proceedings against the respondent. Hence, the writ petition
was allowed.
The controversy is no longer res integra as in C.A.
No.11536/95 State of M.P. & Ors. vs. Dr. Yashwant Trimbak,
to which one of us Pattanaik, J. was a member, this Court
elaborately had considered the controversy and had held that
the Governor need not act on personal satisfaction. Under
Article 166(3) of the Constitution, the Governor has made
Business rule for convenient transaction of the business of
the Government and the question of sanction to prosecute in
the case is dealt with by the Council of Ministers in
accordance with the Rules of Business.
It is settled law that the Governor exercises the
executive power of the Government with the aid and advice of
the Council of Ministers. The executive power of the
Government is carried on by Article 162 in accordance with
the Rules of Business made by the Governor under Article
166(3). The Business Rules and Instructions issued
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thereunder allocate various subjects to the Ministers and
cases be appropriately dealt with at different levels of the
Government. All the decisions need not be circulated nor the
Governor is saddled with matters of administrative routine
except where the Constitution enjoins him to exercise his
personal discretion. Since the action was initiated
according to the Business Rules the competent authority,
therefore, is within its power to proceed with the enquiry
as contemplated under the Pension Rules. The enquiry would
be conducted according to Rules as expeditiously as possible
and orders would be passed soon thereafter. It may be done
within one year from the date of receipt of the order.
The appeal is accordingly allowed, but in the
circumstances, without costs.