MISHRILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 27/1/2021, passed by the learned Single Judge in Writ Petition No. 1133 of 2007, whereby, petition filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that the petitioner was initially appointed as Constable in the Police (Home) Department on 1/1/1983 and thereafter, he was promoted as Head Constable on 19/10/2004. On 22/11/2004, while he was taking back an under trial prisoner who was facing trial for offence punishable under Sec. 302 of Indian Penal Code, namely, Jittu @ Jitendra from Sessions Court, Bhopal to Betul Jail, the said accused absconded. The petitioner was served with the charge-sheet dtd. 3/1/2005. The petitioner denied the charges. A regular departmental enquiry was constituted. Enquiry report dtd. 9/4/2005 was sent to the disciplinary authority and the petitioner was also served with a notice dtd. 20/5/2005 alongwith the enquiry report to submit his comments. The disciplinary authority being dis-satisfied with the reply of the petitioner imposed the punishment of compulsory retirement from service vide order dtd. 25/6/2005. The petitioner thereafter preferred a departmental appeal which was also rejected vide order dtd. 25/8/2005. Aggrieved thereof, the appellant preferred writ petition under Article 226 of the Constitution of India which has also been dismissed by the learned single Judge. Hence, he is in present intra court appeal.

(3.) Learned counsel for the appellant at the outset submitted that he is confining his submission only on the proportionality of the penalty. He submits that even before the learned Single Judge he had only questioned the proportionality of punishment. According to him, looking to the nature of the misconduct, the punishment of compulsory retirement is shockingly dispropotionate and the same calls for interference in the present intra court appeal.