DAULAT SINGH MARKAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against order dtd. 16/5/2019 passed by Inspector General of Police, Special Armed Force, Jabalpur Range, Jabalpur and order dtd. 31/12/2019 passed by Special Director General of Police, Special Armed Force, Police Armed Force, Police Headquarter, Bhopal in File No.DGP/Special Armed Force (10)/2810/2019, by which, order of punishment of removal from service has been upheld and the appeal filed by the petitioner has been dismissed on the ground of limitation.

(2.) It is the case of the petitioner that the petitioner was appointed on the post of Constable. One prosecutrix (X) made a complaint against the petitioner in Police Station Kotwali, District Chhindwara alleging that on 15/6/2015 at about 13:50 pm the petitioner gave an assurance to the X for solemnization of marriage and on that pretext he developed physical relationship with her and now he has refused to marry. Therefore, she lodged an FIR in Crime No.342/2015. Accordingly, the petitioner was arrested and sent to judicial custody, from where, he was released on bail. The Police after completing the investigation filed the charge sheet for offence under Ss. 376 (2) (n) and 506 of IPC. The petitioner was tried for the aforesaid offences and he was acquitted by judgment dtd. 28/1/2019 passed by 4th Additional Session Judge, Chhindwara in S. T. No.277/2015.

(3.) It is submitted that on the basis of criminal case which was registered against the petitioner, a departmental inquiry was initiated and following two charges were framed that (i) The petitioner had remained in jail from 6/8/2015 to 12/8/2015 which is indicative of hostile and indecent behavior and accordingly, the petitioner has violated Rule 3 (1) (iii) of M.P. Civil Services (Conduct) Rule, 1965 and (ii) the petitioner was repatriated / released from deputation by order dtd. 30/5/2015 but he did not submit his joining in the parent department and went on unauthorized absence from 31/5/2015. Thus, he remained on an unauthorized absence for a period of 105 days i.e. 31/5/2015 till 13/9/2015 which is indicative of gross negligence and thus, violated Rule 3 (1) (ii) of M.P. Civil Services (Conduct) Rule, 1965.