SWAMI DEEN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since pleadings are complete and counsel for the parties are ready to argue the matter, therefore, it is heard finally.

(2.) This petition under Article 226 of the Constitution of India, has been been filed by the petitioner challenging the orders dated 05.04.2011 (Annexure-P/1) and 14.02.2011 (Annexure-P/1-A).

(3.) The facts lie in a narrow compass. Suffice it to say that the petitioner is working on the post of Assistant Sub Inspector, P.S. Kotwali, District Panna and while he was posted at P.S. Pawai, there were some illegalities committed by him and misbehaved with one lady who made a complaint to the Human Rights Commission (in short the 'Commission') and vide order dated 01.07.2010, the Commission passed an order whereby a fine of Rs.30,000/- was imposed upon the petitioner and directed that the same be paid to the complainant and the State has been given liberty to recover the said amount by adopting legal procedure against the petitioner. Thereafter, a charge-sheet was issued against the petitioner on 22.06.2009 labelling a single charge that the petitioner while registering an offence vide crime No.108/08, not registered the offence under Section 376 of the Code of Criminal Procedure. An enquiry was conducted in which the petitioner has been acquitted from the charge labelled against him. Although, the order passed by the Commission is subsequent to the enquiry initiated against the petitioner in which he has been acquitted but the Authority taking note of the order passed by the Commission, decided to review its order and power of review has been exercised by the Authority by issuing an order dated 14.02.2011 (Annexure-P/1-A) and thereafter, another order has been issued on 05.04.2011 (Annexure-P/1) calling the relevant record.