YAMUNA PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The relief sought for by the petitioner in the present writ petition is firstly to direct the respondents to give the petitioner all consequential benefits like; seniority, pay protection, arrears, etc. The further relief sought for by the petitioner is also for a direction to the respondents to grant the benefit of promotion to the petitioner.

(2.) The facts relevant for adjudication of the present writ petition is that the petitioner was initially appointed as a Constable in the erstwhile State of Madhya Pradesh on 15.09.1983. Working as a Constable, the petitioner was served with a charge-sheet on 09.03.1988. The petitioner denied all the charges. The Department, thereafter placed the petitioner under suspension and appointed an Inquiry Officer to conduct an inquiry and to submit his report. After the inquiry was complete and on the inquiry report submitted, the Disciplinary Authority imposed a punishment of reducing the pay-scale and placing the petitioner on the basic pay-scale of the post of Constable. The petitioner thereafter preferred a departmental appeal before the Deputy Inspector General of Police. The Appellate Authority did not agree with the punishment imposed by the Disciplinary Authority and the Appellate Authority enhancing the punishment, dismissed the petitioner from service on 10.07.1998. The petitioner further preferred an appeal before the Inspector General of Police which was dismissed on 22.02.1990.

(3.) The petitioner thereafter questioned the order of dismissal and rejection of the appeal before the Madhya Pradesh State Administrative Tribunal, where the case was registered as O.A. No. 2003/1990. Later on when the said Tribunal stood abolished, the writ petition stood transferred to the High Court of Madhya Pradesh at Jabalpur, where it got registered as W.P. No. 6277/2003. The High Court of M.P. Finally vide its judgment dated 10.11.2005 allowed the writ petition and while allowing the writ petition the High Court held as under:-