ARJUN SINGH Vs. STATE OF C.G

JUDGEMENT

(1.) This petition has been filed by the petitioners assailing the correctness and validity of order dated 8/9/2010 passed by the appellate authority being the Deputy Inspector General of Police, Rajnandgaon Range, Rajnandgaon as also charge sheet dated 29/9/2010 issued by the disciplinary authority being the Superintendent of Police, District-Rajnandgaon. The factual matrix of the case giving rise to this petition at the instance of the two petitioners are in narrow encompass.

(2.) The petitioners who were at the relevant time posted as Constable in police station outpost - Anbagarh, were subjected to a departmental enquiry by issuance of a charge sheet dated 8/11/07. The enquiry was held on two heads against the petitioners in common proceedings as the proceedings of misconduct related to one and the same incident. The enquiry eventually ended in order of penalty passed on 28/4/09 by the disciplinary authority. The charge No. 1 was found proved whereas it was held that alter the decision of the Court, no penalty could be imposed on charge No. 2. Aggrieved by the order of punishment, a departmental appeal was preferred by the petitioners before respondent No. 3. The appellate authority came to the conclusion that charge sheet is mainly related to a charge relating to smuggling of forest produce on police vehicle and as the allegations contained in the charge sheet were subject matter of trial before the Court, the enquiry could not be held on those charges. On this consideration, the appellate authority came to the conclusion that the charge sheet itself was defective. Resultantly, the departmental enquiry, from the stage of charge sheet, was set aside. The appellate authority however, directed the disciplinary authority to issue a fresh charge sheet excluding the allegations which are subject matter of case pending in the Court and complete the enquiry.

(3.) The disciplinary authority thereafter, issued the impugned charge sheet dated 29/09/2010. As far as the first charge is concerned, it was one and the same as charge No. 1 in the first enquiry. The second charge under the new charge sheet related to an allegation of misconduct stating that the Government vehicle was unauthorisedly removed from the police station without the permission of the senior officer.