SUMIT BAGHEL Vs. STATE OF M. P.

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, at their joint request, it is heard finally.

(2.) By means of this petition filed under Article 226 of the Constitution of India, the petitioners are calling in question the legality, validity and propriety of order dtd. 2/8/2021 (Annexure-P/1) passed by respondent No.5 whereby the authority invoking the power provided under Article 311(2)(b) of the Constitution of India had dismissed the petitioners from service; order dtd. 24/9/2021 (Annexure-P/7) passed in the appeal preferred by the petitioners against the order dtd. 2/8/2021 whereunder the Appellate Authority affirming the order of petitioners' dismissal had rejected the appeal and also the order dtd. 10/5/2021 (Annexure-P/9) whereby the mercy appeal preferred by the petitioners got rejected.

(3.) The brief facts as to comprehend the disputes are that at the relevant point of time, the petitioners being the constables were posted at Police Station Ayodhya Nagar, Bhopal. On 10/7/2021 at about 09:00 pm, while the petitioners were on patrolling, they found two suspicious boys near gate Nos.4 and 5 of Minal Residency and on enquiring about them, it was informed to the petitioners by those boys that they are working in GK company situated in Gujarat. Not only this, but the petitioners had also made a search of their vehicle i.e. Scooty bearing registration No.MP-04- SY-4029, in which, those boys were found in illegal possession of Rs.26.00lacs. However, it is alleged against the petitioners that they taking Rs.5.00lacs out of said amount had permitted those boys to go.