BADSHAH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) By knocking the doors of this Court and praying to invoke the jurisdiction under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, it has been prayed by the appellant/petitioner to set aside the order dated 20-9-2011 passed by the learned Writ Court in W.P. (S) No. 1202/2005, dismissing the writ petition of the appellant. No exhaustive statement of facts is required to be narrated for the purpose of disposal of this appeal, suffice it to say that appellant, who was a member of Armed Force and was serving on the post of Constable was posted in the Office of Commandant 26th Battalion SAF, Guna (respondent No. 4). A charge-sheet was served upon him that he was unauthorisedly remain absent and also interpolated the medical certificate. These charges were denied by him, as a consequence thereto, a departmental enquiry was initiated against him. Two charges were made against him, which read thus:-

(2.) On bare perusal of the aforesaid charges, it is clear that the first charge pertains to remaining unauthorisedly absent for 35 days and the second charge is in regard of overwriting and interpolation in the medical certificate submitted by the appellant to justify his absence. The Enquiry Officer in his report dated 30-4-2002 found that both the charges are proved, the Disciplinary Authority accepted the Enquiry Officer's report and after giving opportunity of hearing to the appellant, inflicted the punishment of removal from services, vide order dated 17-5-2002. The Appellate Authority upheld the order of the Disciplinary Authority by dismissing the appeal on 15-9-2002. The mercy appeal, which was submitted by the appellant was also rejected vide order dated 1-3-2003.

(3.) The orders passed by Disciplinary Authority, Appellate Authority and Authority, who rejected the mercy appeal were assailed by the appellant by filing a writ petition before this Court, which has also been dismissed by the impugned order dated 20-9-2011.