NAGESHWAR SOLANKI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally with the consent of the counsel for the parties.

(2.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 31/3/2007, and 31/7/2007 passed by respondent No.5, S.P., Ratlam as also against the order dtd. 13/11/2007 passed by respondent No.4 Deputy Inspector General of Police, (DIG) Ratlam Range. In the order dtd. 31/7/2007, a minor penalty of withholding one increment has been imposed upon the petitioner with cumulative effect. However, the same was enhanced to reduction of minimum pay scale for one year with cumulative effect vide order dtd. 13/11/2007. The petition is also preferred against the order passed in appeal dtd. 13/9/2008 whereby the order of punishment has been affirmed.

(3.) The case of the petitioner is that on 18/1/2006 he accosted the complainant Vishal Singh and his friend on a motorcycle and took out Rs.500.00 from his pocket and also demanded Rs.2,000.00. In the inquiry which was conducted at the instance of the complaint made by Vishal, the petitioner was given a clean chit vide inquiry report dtd. 9/11/2006. The disciplinary authority S.P. Ratlam, however, disagreed with the inquiry report and remanded the matter back directing the inquiry officer to take the evidence afresh from the stage of prosecution witness and pass the appropriate order.