LAWS(MPH)-2023-10-146

LAKHAN AHIRWAR Vs. STATE OF M.P.

Decided On October 31, 2023
Lakhan Ahirwar Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed against the departmental charge-sheet dtd. 14/07/2019 issued by respondent No.2 in file No.S.P./Damoh/Steno/DE/05/19, order dtd. 11/09/2023 issued by Superintendent of Police, Damoh, by which Enquiry Officer and Presenting Officer have been appointed and against notice dtd. 30/09/2023 issued by Enquiry Officer/ SDO(P), Tendukheda, District Damoh, by which petitioner has been directed to appear before Enquiry Officer on 09/10/2023.

(2.) It is the case of petitioner that on the basis of complaint made by prosecutrix "x", Police Station Damoh Kotwali, District Damoh registered FIR No.435/2019 against petitioner on 30/05/2019 for offence under Ss. 376, 376(2)(N), 465, 201, 506 of IPC. Accordingly, a departmental enquiry was also initiated. Since investigation was pending, therefore petitioner filed Writ Petition No.22567/2019 for stay of departmental enquiry which was disposed of by order dtd. 27/11/2019 with a direction that departmental enquiry shall remain stayed during the pendency of investigation and if police files a final report and same is accepted by Trial Court, then enquiry can recommence on the basis of same charge-sheet. It was also observed that if police files a charge-sheet after investigation, then petitioner shall be at liberty to file afresh petition challenging the proceedings and may pray for stay of the proceedings in departmental enquiry. Thereafter, charge-sheet was filed against petitioner, therefore petitioner again filed Writ Petition No.3656/2020 and Co-ordinate Bench of this Court by order dtd. 12/02/2020 stayed the further proceedings of departmental enquiry in view of pendency of trial. Petitioner has been acquitted by the Trial Court by judgment dtd. 20/04/2023 passed in Sessions Trial No.16/2020. On 11/09/2023 impugned notice of recommencement of departmental enquiry was issued. Thereafter, petitioner filed an application dtd. 29/09/2023 to close the departmental enquiry. However, respondent No.3 has issued notice dtd. 30/09/2023 to petitioner to appear before Enquiry Officer on 09/10/2023 or else exparte proceedings shall be conducted against him.

(3.) Challenging the charge-sheet, re-commencement of departmental enquiry, notice to appear before Enquiry Officer, it is submitted by counsel for petitioner that once petitioner has already been tried and acquitted for offence under Ss. 376, 376(2)(N), 465, 201, 506 of IPC, then departmental enquiry on similar charges is bad in law.