KIRAN NARWARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY filing this writ petition, the petitioner has challenged the charge sheet dated 13.5.2001 (Annexure P -1). It is contended that charge sheet is bad in law because it is passed by an incompetent authority. It is issued by Commandant, 14th Battalion, who is holding current charge and is not competent to issue the charge sheet.

(2.) IN addition, Shri D.K.Katare, learned counsel for the petitioner, submits that a preliminary enquiry was initially conducted against the petitioner. The enquiry report dated 14.6.2010 was submitted by Adjutant. It is contended that in the said report, the petitioner was not held guilty. To elaborate Shri Katare submits that a frivolous complaint, Annexure P -4, was made before the I.G. No action should have been taken on this report pursuant to Government Circular, yet an enquiry was conducted. The Enquiry Officer/Adjutant by communication dated 14.6.2010 opined that the allegations are not found proved against the petitioner. Thereafter, yet another enquiry was ordered and the DIG by communication Annexure P -13 opined that the petitioner is prima facie involved in the misconduct. Shri D.K.Katare submits that once in one enquiry of Adjutant, the petitioner is exonerated, the second enquiry is impermissible. In support of his contention, he relied on certain Supreme Court judgments.

(3.) NO other point is pressed by parties.