RAMANUJ PANDEY Vs. RAMANUJ PANDEY

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Judicature at Jabalpur in Writ Appeal No. 693 of 2006 dated 22.11.2006. By the impugned judgment, the Division Bench dismissed the writ appeal, stating that the punishment of removal from service of the appellant cannot on the facts and circumstances of the case shocks the conscience of the Court.

(2.) The facts leading to this Special Leave Petition are: the appellant was appointed as a Constable in the service of M.P. Police on 1.11.1967 and was subsequently promoted to the post of Head Constable. On the relevant date i.e. 25.9.1991 while discharging his duties as Incharge, Outpost, Kolar Dam, Birpur appellant apprehended one Laxmi Narain, Dozer Operator of Kolar Dam and registered a complaint against him under Section 13 of the Lunacy Act. In the complaint filed, appellant had stated that Laxmi Narain in an insane state of mind assaulted him and caused injuries. On the other hand, son of Laxmi Narain filed a complaint and requested the authorities to conduct inquiry against the appellant. Inquiry was conducted and consequent thereto, a charge sheet was issued to the appellant and he was kept under suspension pending domestic enquiry proceedings. The appellant in his reply had denied all the charges. In the Departmental Inquiry conducted by Superintendent of Police, Sehore on 7.5.1992, he has held the appellant guilty of the said charges and was removed from government services affirming that the appellant had done a very heinous act by detaining a public servant in police post without any reason, violating his fundamental rights. Appellant went before the High Court contending that no departmental inquiry was warranted in such matter and the punishment imposed is shockingly disproportionate. The High Court dismissed the petition confirming the decision of the disciplinary authority. The appellant then went in appeal before the Division Bench. The Division Bench held that appellant being a Head Constable has apprehended Laxmi Narain and registered him under the Lunacy Act, although he was not a Lunatic, therefore, the punishment of removal from service of the appellant cannot on these facts be held to be one which shocks the conscience of the Court.

(3.) We have heard the learned Counsel for the parties.