GHANSHYAM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order of disciplinary authority dtd. 29/10/2010 (Annexure P/1) whereby the punishment of reduction of one salary increment with cumulative effect was imposed upon the petitioner. He also challenged the order dtd. 28/7/2011 (Annexure P/2) whereby the petitioner was dismissed from service and further challenged the order dtd. 21/11/2012 (Annexure P/3) passed by respondent No.2 by which the mercy appeal of the petitioner was dismissed.

(2.) Brief facts of the case as projected by the petitioner, are that in the year 2008, the petitioner was posted on the post of Head Constable at P.S. Somani, District- Rajnandgaon (C.G.). A written complaint was made by the Up-Sarpanch of Village Somani to the S.P. making certain allegation of demanding money. Thereafter, a preliminary enquiry was conducted by the C.S.P. Rajnandgaon and the report was submitted to respondent No.4 who passed an order on 18/8/2008 (Annexure P/4) whereby the petitioner and one constable namely Rajesh Sahu were punished by stoppage of one salary increment for the period of one year with non-cumulative effect.

(3.) A revised order dtd. 29/12/2008 (Annexure P/5) was passed by the former Inspector General of Police whereby the punishment imposed by the S.P. dtd. 18/8/2008 was cancelled and a direction was issued to conduct regular enquiry against the petitioner and another constable Rajesh Sahu.