BHAN SINGH DOHRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of filing this writ petition under Article 226 of the Constitution of India, petitioner herein seeks to challenge the order dtd. 30/01/2012 (Annexure P/2) passed by respondent No. 2, being the appellate authority, by which the appeal filed by him against his order of termination dtd. 28/05/2010 (Annexure P/1) passed by the disciplinary authority i.e. respondent No. 4, has been dismissed.

(2.) The aforesaid challenge has been made on the following factual backdrop :-

(3.) Mr. Sharad Mishra, learned counsel for the petitioner, would submit that since petitioner was serving on the lowest post of Constable, before passing the order of his termination which comes under the category of extreme punishment, provision contained under Regulation 226 of the Police Regulations ought to have been followed particularly sub-regulations (iii) and (iv) of Regulation 226, as such, the impugned order, by which extreme penalty of termination from service has been imposed upon the petitioner in a mechanical and arbitrary manner, is liable to be set aside and appropriate punishment be awarded to him in view of Regulation 226 of the Police Regulations.