LAWS(MPH)-2025-1-41

KAMLA KRISHNA SHARMA Vs. STATE OF M.P.

Decided On January 09, 2025
Kamla Krishna Sharma Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The present appeal under Sec. 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant (hereinafter referred to as "the petitioner") being crestfallen by the order dtd. 15/5/2024 passed by learned Single Judge in Writ Petition No.17702 of 2017 whereby the writ petition filed by the petitioner has been dismissed.

(2.) Precisely stated facts of the case are that on the basis of a complaint in relation to demanding bribe on phone call, a preliminary enquiry was conducted against the petitioner by CSP, Morena in which vide enquiry report dtd. 13/8/2015, it was held that opinion can only be given after receiving the advice from the voice expert. Thereafter, again the said officer submitted its report dtd. 13/11/2015 finding the petitioner guilty. On the basis of said enquiry report, the disciplinary authority (Superintendent of Police, Morena) punished the petitioner with stoppage of one increment without cumulative effect. Thereafter, matter was taken under suo motu revision by the Inspector General of Police, Chambal Zone, Morena by issuing show cause notice dtd. 7/6/2016. Petitioner replied the said notice but the appellate authority, set aside the punishment order of petitioner and remitted the matter to the disciplinary authority for initiating a fresh enquiry against the petitioner in writ appeal.

(3.) The order of suo motu revision passed by the appellate authority was called in question by the petitioner by filing writ petition but the said writ petition was dismissed by learned Writ Court, therefore, petitioner is before this Court in writ appeal.