SURESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Regard being had to the similitude of the question involved, on the joint request of the parties, the matters are analogously heard and decided by this common order. Facts are taken from W.P. No.22257/2021.

(2.) This petition under Article 226 of the Constitution of India calls in question the validity of order of dismissal dtd. 30/9/2021.

(3.) A report dated 14.09.20201 was forwarded from the desk of Superintendent of Police, Raisen to the office of DIG, Hoshangabad Range, stating that on 08.09.20201, the present petitioners and one Sub-Inspector Keshav Sharma in intoxicated condition without any rhyme and reason misbehaved one Mr. Surendra Tiwari and kept him in the police station, though no cognizable offence was registered against Mr. Surendra Tiwari nor was he being required in any connection. The report further states that the said incident tarnished Mr. Surendra Tiwari's image which in turn has malign the name of the force. Alongwith the report, a preliminary enquiry conducted by the Additional Superintendent of Police, Raisen was also sent, which reveal that despite no offence being registered against Mr. Surendra Tiwari, nor being he wanted for anything, petitioners and his colleagues forcibly brought him to the police station in handcuffs while abusing and beating him. The report further mentioned that Mr. Surendra Tiwari and his family members were threatened for a compromise. As the act of petitioners and his colleague was derogatory to the dignity of the department and violative of the provisions contained in clause 64 of the M.P. Police Regulations Act, a show cause notice was issued to the petitioners, who submitted their explanation/reply that while on duty for night petrol on 7/8/9.2021, they found Mr. Surendra Tiwari roaming on the road at 12 P.M. in the night. The petitioners when stopped him and asked as to why he is on road at mid night, he misbehaved and used abusive language with the petitioners stating that he is the expresident of BJP in district Raisen and further threatened to get them removed from the service. According to the petitioners, since Mr. Surendra Tiwari misbehaved with the policemen in duty, he was taken to the police station, where he called higher ranking police officers and when SDOP came to the police station, he went back to his home.