State
of Madhya Pradesh & Ors Vs. Keshav [1996] INSC 6
(2 January 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 SCC (2) 21 JT 1996 (3) 188 1996 SCALE (1)289
ACT:
HEAD NOTE:
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 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.
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