RADHESHYAM SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is second visit of the petitioner to this Court. W.P.No.5473/2008(s) was filed by the petitioner assailing the disciplinary proceedings and punishment of removal from service. The petitioner was served with a charge sheet dated 1.7.2006. Along with petitioner (Head Constable), three Constables were charge sheeted by Annexure P 3. A joint enquiry was conducted. The petitioner was inflicted with a punishment of removal from service, whereas one Shivkumar's punishment was interfered with at mercy appeal level. This Court disposed of W.P.5473/2008 on 2.4.2012 directing the respondent No.2 to consider the question of punishment with regard to the petitioner. It was observed that Shivkumar was reinstated in service and, therefore, the question of discrimination needs to be considered while deciding the quantum of punishment by the appropriate authority. In turn, the respondent No.2 by order dated 26.6.2012 modified the punishment of removal from service and inflicted the punishment of compulsory retirement on the petitioner. This order Annexure P 1 dated 26.6.2012 is called in question in this petition.

(2.) SHRI D.P.Singh, learned counsel for the petitioner, placed heavy reliance on para 9 of the order passed by this Court in the earlier round of litigation. By taking this Court to the averments of the charge sheet Annexure P 3 and the findings of respondent No.2 in the impugned order, it is contended that the petitioner was subjected to hostile discrimination. Since the punishment of Shivkumar was modified by imposing punishment of reduction of pay by one increment, petitioner was entitled to get the same treatment. In support of his contention, he relied on Clause 231 of Police Regulations.

(3.) I have heard the learned counsel for the parties and perused the record.