HUKUM SINGH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner who was posted as Station House Officer, Police Station, Sheopur, is facing disciplinary proceedings which had commenced with the service of the charge sheet against him. The Superintendent of Police, Sheopur passed an order on dated 30 -6 -2001 relieving him of the charge of the post of Station House Officer temporarily until further orders and attached him with which the Police Lines, Sheopur. This arrangement was made as indicated in the aforesaid order on account of the pendency of the departmental proceedings against the petitioner.

(2.) THE petitioner feeling aggrieved by the aforesaid order challenged the same by approaching Madhya Pradesh Administrative Tribunal, Gwalior. The Tribunal vide its judgment and order dated 5 -7 -2001 dismissed his application filed under section 19 of the Madhya Pradesh Administrative Tribunal Act holding that the impugned action could not be said to be arbitrary or a mala fide action, and it was clear that the said order had been issued pursuant to a clearly defined policy. It was also observed that the petitioner had not alleged that he was being singled out for the implementation of the policy as disclosed in the GOP issued by the Director General of Police vide the circular dated 25 -4 -1995.

(3.) WE have heard the teamed counsel for the petitioner and the learned Government Advocate representing the respondent/State and have carefully perused the record.