DHARMENDRA BANJARE Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard Smt. Renu Kochar, learned counsel petitioners as well as Mr. Suyashdhar Badgaiya, learned Dy. Government Advocate for State/respondent/s.

(2.) By way of this writ petition, the petitioner has prayed for following reliefs:

(3.) Brief facts of the case is that the petitioners were posted as constable in Police Station Mulmula, District Janjgir Champa, (C.G). By memo dtd. 28/2/2022, the petitioners were alleged to be indulged in anti social activities, arguing with senior officers in drunken state, pointing riffle at the staff, which displays gross negligence towards duty and therefore they were suspended vide order No.1/22/105/2022 dtd. 28/2/2022 by respondent No. 4. (Annexure P/2). The petitioners were not been given chargesheet alleging the articles of charges against them which clearly shows that no opportunity of hearing was provided to them. Thereafter, the petitioners have moved an application under Right to Information Act to Public Information Officer regarding the documents of preliminary enquiry, the copy of complaint, and the CCTV footage. The Public Information Officer replied to the application of information sought to the petitioner No.2 and asked to deposit requisite information fees. The preliminary enquiry was conducted on the same day i.e 1/3/2022 and on the same date without affording any opportunity of hearing to the petitioners, neither supplying the article of charges nor asking for the reply to the charge sheet, the respondent authorities have concluded that petitioners are guilty of charges and vide order dtd. 2/3/2022 proceeded to remove the petitioners from services applying the provisions of Article 311(2)(b) of the Constitution of India. Being aggrieved by order dtd. 2/3/2022 the petitioners have preferred appeal dtd. 29/3/2022 and the appellate authority did not consider the grounds raised by petitioners and dismissed the appeal by order dtd. 15/7/2022. ( Annexure P/6.). Thereafter, the petitioners have filed mercy appeal against the order dtd. 28/2/2022 and 15/7/2022 whereby the Appellate Authority vide order dtd. 16/5/2023 has dismissed the case of petitioners, (Annexure P/7.) Thereby the petitioners have filed revision against the order dtd. 28/2/2022, 15/7/2022 and 16/5/2023, (Annexure P/8) which was also dismissed vide order dtd. 20/11/2024, (Annexure P/9) stating that earlier on submission of mercy petition representation by former constable-672 Durgesh Khunte and former constable-992 Dharmendra Vanjare for reinstatement in service, through mercy petition order No./Pumu/2/Appeal/A-12/M-1386/2023, dtd. 16/5/2023 of Police Headquarters, the mercy petition representation has been "dismissed" after due consideration and at present, no such fact/argument has been presented in defence against the allegations levelled in the application submitted by the former constables for reinstatement in service, which can be considered. Therefore, the application submitted by former constable-672 Durgesh Khunte and former constable-992 Dharmendra Banjare for reinstatement in service is "invalid", hence filed this instant petition.