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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.