LAWS(CHH)-2012-4-7

RAMADHAR BHASKAR Vs. STATE OF MADHYA PRADESH

Decided On April 12, 2012
RAMADHAR BHASKAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) By this petition, the petitioner seeks to quash the order dated 06.08.1997 (Annexure A/12) passed by the Madhya Pradesh State Administrative Tribunal, Jabalpur (for short 'the Tribunal'), and also the order dated 30.09.1992 (Annexure A/8), passed by the Superintendent of Police, Surguja, (for short 'the SP') whereby the services of the petitioner was terminated and the order dated 23.03.1993 (Annexure A/11) whereby the appeal preferred by the petitioner against the order dated 30.09.1992, was rejected by the Deputy Inspector General of Police, Bilaspur Range, affirming the order passed by the SP.

(2.) The facts, in brief, as projected by the petitioner are that the petitioner, while working on the post of Police Head Constable, at Police Station, Kelhari in Surguja, District was served with a charge sheet on 15.01.1992, wherein it was alleged that the petitioner has beaten one Dheersai Gond, without any reason and secondly, he has received a sum of Rs. 500/- as bribe from one Sarju Singh Gond, resident of Bundeli. Prior to serving of charge sheet, a preliminary enqiry was conducted by the City Superintendent of Police (for short 'the CSP') wherein the petitioner was not found guilty of any of the charges. Thereafter, the SP, disagreeing with the conclusion of the preliminary enquiry report, issued a show cause notice to the petitioner which was replied by the petitioner. After consideration of the reply of the petitioner, the SP, being disciplinary authority, imposed a penalty of removal from service vide order dated 30.09.1992 on the petitioner.

(3.) Thereagainst, the petitioner preferred an appeal before the Deputy Inspector General of Police, Bilaspur Range, which was also dismissed confirming the order passed by the SP, on 23.03.1993. Being aggrieved by the appellate order dated 23.03.1993, the petitioner filed an application before the Tribunal, being O.A. No. 261/1993. The Tribunal, after having considered the application at length, dismissed the same on 06.08.1997 (Annexure A/12). Thus, this petition.