AMIT CHAURASIA Vs. STATE OF M.P.

JUDGEMENT

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

(2.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is questioning the legality, validity and propriety of the order dtd. 2/2/2021 (Annexure-P/2) whereby as per the provisions of Article 311(2)(b) of the Constitution of India, he has been dismissed from service and also challenging the order 6/2/2021 (Annexure-P/3) whereby he has been directed to vacate the Government Quarter as allotment made in his favour was cancelled in pursuance to his dismissal from service.

(3.) The facts of the case in nutshell are that the petitioner was initially appointed on the post of Constable and was posted at Police Station Kotwali, District Sagar. Thereafter, on a complaint made by a lady constable namely Sonali Nayak, an FIR vide Crime No.07/2021 was registered against the petitioner in Mahila Police Station, District Sagar on 21/1/2021 (Annexure-P/4) for the offence punishable under Ss. 452, 354, 354-Gh, 376 and 506 of the Indian Penal Code and pursuant thereto, the petitioner was arrested and sent to jail. In view of the said complaint, the petitioner was placed under suspension and thereafter, respondent No.2/ Superintendent of Police exercising the powers provided under Article 311(2)(b) of the Constitution of India, dismissed the petitioner from service vide order dtd. 2/2/2021 (Annexure-P/2) observing therein that the conduct of the petitioner has stigmatized the image of the Police Department. It is also observed by respondent No.2 that the manner in which the petitioner committed the crime, there was no reason for conducting any departmental enquiry and call the prosecutrix as a witness in the enquiry as that would adversely affect her dignity and image in the society. Consequently, vide order dtd. 6/2/2021 (Annexure-P/3), the allotment of Government Quarter No.C-05 made in the petitioner's favour was cancelled and directing him to vacate the said premise.