SIDHARTH SAHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition, the petitioner has challenged order dated 23 -3 -1993 (Annexure -I) passed by Superintendent of Police, Chhindwara dismissing the services of the petitioner and appellate order dated 17 -12 -1993 (Annexure -O) passed by DIG, Jabalpur Range dismissing his appeal.

(2.) ACCORDING to petitioner on 7 -11 -1992 Superintendent of Police, Chhindwara had gone to Jabalpur on official tour, at that time, his duty was from 20 hrs to 8 hrs. One Constable Prathwiraj of Home Guard was also on duty as a Security Guard at the bungalow of S. P. On 9 -11 -1992 at about 4.30 in the morning S. P. Chhindwara came back from Jabalpur and at that time Gate Keeper was not present, but, as soon as the Gate Keeper heard blow of horn he, opened the gate of bungalow which took little time and during that time the vehicle, in which S. P. was sitting, remain stationary. According to petitioner, this made an annoyance to S. P. (respondent No. 4) and as per petitioner, respondent No. 4 called him. Thereafter as per the case of petitioner, Superintendent of Police also started beating him and simultaneously hurled the filthy abuses to him.

(3.) LEARNED Counsel for the petitioner submits that no personal service of charge -sheet was affected on him and enquiry was conducted in ex parte. The enquiry was completed on 28 -1 -1993. Shri V. N. Pachori, who was serving on the post of Additional Superintendent of Police was appointed as Enquiry Officer by respondent No. 4 (Superintendent of Police, Chhindwara).