Smt. Shanti Bavaria Vs. State of M.P. & Others
Section 309 - Recruitment and conditions of service
Section 154 - Executive power of State
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WA, 58 of 2017, Judgment Date: Oct 10, 2017
Law Laid down -
It is not necessary to obtain personal sanction of His Excellency, Governor of Madhya Pradesh for taking decision to initiate disciplinary proceedings, and if the council of Ministers have taken such decision, it will serve the purpose and meet the requirement of Rule 9 of the Pension Rules. Reliance is placed upon State of Madhya Pradesh and others Vs. Dr. Yashwant Trimbak, AIR 1996 SC 765 & Samsher Singh and another Vs. State of Punjab, (1974) 2 SCC 831.
The judgment in Dr. Yashwant Trimbak’s case (supra) has been over-ruled only on one question that the sanction granted by Governor is outside the scope of judicial review. The other findings recorded by the Hon’ble Supreme Court have not been interfered with.
Ram Jawaya Kapur Vs. State of Punjab, AIR 1955 SC 549; State of MP and others Vs. T.N. Verma and another, 2001 (1) MPLJ 587; and, Nabam Rebia and Bamang Felix Vs. Deputy Speaker, Arunachal Pradesh Legislative Assembly and others, 2016 (8) SCC 1 – followed.
Smt. Shanti Bavaria Vs. State of M.P. & Others