(1.) Heard learned counsel for the parties and also perused the departmental enquiry record produced by the State counsel. The petitioner filed an original application before the then, Madhya Pradesh State Administrative Tribunal Bench at Raipur, which has been transferred to this Court after abolition of the Tribunal.
(2.) The petitioner has assailed legality and validity of an order of dismissal from service passed by the respondent Superintendent of Police on allegation of misconduct in respect of which a departmental enquiry was conducted against the petitioner. Vide order dtd. 28/4/1998, penalty of dismissal from service were imposed. The petitioner submitted an appeal, which was considered as a mercy appeal by the Director General of Police and dismissed.
(3.) During the period the petitioner was working as Head Constable in reserved police at Jagdalpur, an incident happened on 4/6/1997 in the Police Station, wherein it was alleged that the petitioner entered in the Police Station in drunken state and misbehaved with the colleagues staff and officers, abused and destroyed furnitures, register of police station and thereby exhibited an act of indiscipline constituting misconduct. A preliminary enquiry was initiated and after having been satisfied that a case of institution of regular departmental enquiry is necessitated, charge sheet was issued to the petitioner. The petitioner submitted his reply to the charge sheet, thereafter, enquiry officer was appointed. The prosecution examined number of prosecution witnesses. The petitioner was allowed to cross-examine. The petitioner did not lead any oral evidence in his defence. Enquiry report was supplied and thereafter, the disciplinary authority/Superintendent of Police, Bastar imposed penalty of dismissal from service, affirmed in appeal.
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