JEETU RAM YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) By virtue of this petition, the petitioner is questioning the legality and propriety of the order (undated)/Annexure (P-1), whereby, the respondent No.2- Director General of Police, while affirming the order dtd. 30/7/2016 (Annexure P-2) and 10/6/2016 (Annexure P-3) passed by the Inspector General of Police, Surguja Range and the Superintendent of Police, Surajpur, respectively, has dismissed the mercy petition while upholding the termination of petitioner's services from the post of Constable.

(2.) Briefly stated, the facts of the case are, that the petitioner, who was appointed on the post of Constable on 4/1/2007, was charge-sheeted along with one Bhimraj Yadav, who was his brother-in-law (Jija), under Ss. 419 and 420 of IPC in connection with Crime No.40/2013 based upon the complaint lodged by one Saket Tiwari and simultaneously, the Departmental Enquiry has been constituted against the petitioner- Jeetu Yadav as, he has succeeded to be appointed on the post of Constable, while personificating himself to be the real Jeetu Yadav s/o Bechuram Yadav, resident of village Dhondha, Police Station- Chandora and that by utilizing his educational marks-sheet, get his appointment, in the Police Department.

(3.) The petitioner and his brother-in-law (Bhimraj Yadav) were acquitted with regard to the alleged offence punishable under Ss. 419 and 420 of IPC by the learned Additional Sessions Judge, Pratappur, District Surajpur on 2/5/2015 (Annexure P-7) in Criminal Appeal No.08/2015, while reversing their conviction made by the Judicial Magistrate First Class, Pratappur, District Surajpur on 10/4/2015 (Annexure P-6) in Criminal Case No.243/2013, however, in the Departmental Enquiry, constituted on 5/9/2013, he has been directed to be removed from the said post on the basis of the said orders mentioned herein-above and, being aggrieved, the instant petition has been filed.