SUBHASH GURJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed by the petitioner for the following relief:

(2.) It has been contended by the learned counsel for the petitioner that the petitioner has been terminated from the service by the impugned order dtd. 26/8/2021 (Annexure P/1). On appeal being filed against the said order, the same was dismissed, against which, a mercy appeal was filed, which was also dismissed by order dtd. 22/8/2024 (Annexure P/2).

(3.) It is submitted by the learned counsel for the petitioner that the impugned order dtd. 26/8/2021 (Annexure P/1) has been passed without holding any departmental enquiry as provided under the Civil Services (Classification, Control and Appeal) Rules, 1966 and the Police Regulations. The authority holding that the enquiry is not practicable in the matter applying the constitutional mandate of Article 311 (2) of the Constitution of India, has dismissed the petitioner from service. The petitioner was holding the post of Constable, who was suspended because of involvement in criminal activities. It is submitted that to show the grievousness of the conduct of the petitioner, various offences have been referred to in the impugned order, but, the fact remains that the petitioner has never been convicted in any of the offence registered against him. It is submitted that the petitioner was subjected to discrimination in the department and because of such act, the petitioner has been implicated in various criminal activities. The petitioner has been acquitted from various criminal cases registered against him and in some of the cases, trial is going on, but, it is submitted that in none of the matters, the petitioner has been convicted. Thus, prayed that any such order de-hors the rules dismissing the services of the petitioner against the constitutional mandate envisaged under Articles 309 and 311 of the Constitution of India is per se illegal and deserves to be quashed.