ASHOK KUMAR UPADHYAY Vs. STATE OF M.P

JUDGEMENT

(1.) Heard on admission.

(2.) This petition challenges the charge-sheet dated 24.1.2015, issued by Director General of Police (DGP). Shri Katare submits that petitioner was earlier subjected to a disciplinary proceeding for the same allegation by issuing charge-sheet dated 2.7.2008. The said charge-sheet was issued by Inspector General (Police), Gwalior Zone. The petitioner assailed it in WP No.3668/2008 (Ashok Kumar Upadhyay v. State of MP & Ors.). This Court has set aside the said order and, therefore, respondents could not have issued the present charge-sheet because it is issued after more than ten years from the date of incident. It is submitted that any liberty given by the Court means a liberty which is in accordance with law. It cannot be assumed that liberty was given for issuing the charge sheet after ten years. In support of contention, he relied on (Sadashiv Shivram Garud v. Food Corporation of India, 2004 LabIC 371) and (P.V.Mahadevan v. Md. T.N.Housing Board, 2005 LabIC 4332). He relied on unreported judgments of Division Bench, passed in Writ Appeal No.420/2010 (Ram Bihari Sharma v. State of MP and others) and Writ Appeal No. 690/2010 (Balveer Singh v. State of MP and others). These judgments are cited to bolster the submission that liberty for conducting de novo enquiry is impermissible. Lastly, he submits that impugned charge-sheet is issued to fill up the lacunae, which runs contrary to (Union of India v. K.D.Pandey and another, 2002 10 SCC 471) and (Bongaigaon Refinery & Petrochemicals Ltd. & others v. Girish Chandra Sarma, 2007 LabIC 3418).

(3.) Prayer is opposed by learned Deputy Government Advocate appearing for the State.