UMASHARAN SHARMA Vs. STATE OF M.P

JUDGEMENT

(1.) THE petitioner, a Company Commander, of 13th Battalion, Special Armed Force, Gwalior has preferred this petition under Article 226 of the Constitution challenging the charge sheet dated 19.11.2013.

(2.) IN the charge sheet Annexure P/1 it is alleged that the petitioner has directly sent a letter / entered into correspondence directly with the State Government which is in violation of para 275(a) of M.P. Police Regulation. It is further alleged that the language used in the correspondence is not proper and is indecent. Thirdly, it is alleged that the petitioner was served with a show cause notice, but he did not file his reply and deliberately made an attempt to delay the proceedings. Thus, it is contended that petitioner has violated para 275 (a) (d), 64(4) and 64 (11) of the Police Regulation.

(3.) SHRI Prashant Sharma, learned counsel for the petitioner submits that the allegations made against the petitioner are factually incorrect. Annexure P/2, representation of the petitioner shows that he has not used any unparliamentary or indecent language. Attention of this Court is drawn on the representation Annexure P/2 to submit that allegations are incorrect. He submits that even if allegations are treated to be correct on its face value, the same do not constitute misconduct. On these grounds, interference is prayed for.