LAWS(CHH)-2013-1-53

LAXMI NARAYAN PANDEY Vs. STATE OF MADHYA PRADESH

Decided On January 14, 2013
Laxmi Narayan Pandey Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard. This order shall dispose off the above three writ petitions which arise out of common grounds of law based on similar facts. Brief resumption of necessary and relevant facts for decision of this petitions are that the petitioners at the relevant time were posted and working as Head Constable and Constable in the Rakshit Kendra Raipur. Along with them, there were other Constables, Head Constable who were in charge and entrusted with duty. It is alleged that one accused absconded from the custody of the police and according to respondents, those petitioners and other police officer who were on duty, were responsible for this serious lapse and negligence of duty.

(2.) Vide order dated 10.6.1992, Superintendent of Police, Raipur, instituted common disciplinary proceedings against petitioners Lakshmi Narayan Pandey, Ramendra Mishra and Akshay Kumar along with some more police officials. The inquiry culminated in imposition of penalty of dismissal from service vide order dated 23.3.1993 (Annexure-A-12). Each of he petitioners in the aforesaid writ petitions were inflicted with the extreme major penalty of dismissal from service.

(3.) Aggrieved by the order of dismissal, the petitioners herein preferred appeal before the Appellate Authority, though un-successfully. The appeals were dismissed. Thereafter, the petitioners have approached this Court assailing the correctness and validity of the inquiry, the order passed by the disciplinary authority as also the order of dismissal of appeal.