PAWAN MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner has questioned the legality and validity of the order dtd. 30/9/2003, whereby the petitioner was removed from service with immediate effect as also the order dtd. 5/2/2004, rejecting his appeal and the order dtd. 9/7/2004, whereby his mercy appeal was also dismissed.

(2.) Petitioner was posted as constable at the office of S.P. Katni at the relevant time. A complaint was filed against him by one Harish Chandra Rajak on 9/4/2002 that he was assaulted by present petitioner at the instance of Subhadra Bai resulting in grievous injuries. MLC of complainant was conducted, which showed four simple injuries on his body.

(3.) On the basis of this complaint, the S.P. directed the SDOP to conduct preliminary enquiry. Thereafter, a departmental enquiry was instituted against him. The Superintendent of Police after framing a charge against him, appointed the Addl. S.P. as Enquiry Officer, who after making the necessary enquiry in accordance with the law, submitted his report alongwith record to the Superintendent of Police. After considering the report, the Superintendent of Police issued a notice dtd. 28/7/2003 (served on 30/7/2003), calling upon the petitioner to submit his objection against the enquiry report within seven days, else it will be considered that he has nothing to say and final decision will be taken.