ASHOK KUMAR PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) Assailing the order dtd. 19/5/2010 passed by respondent No.4 whereby, the petitioner has been compulsorily retired from service, the present petition has been filed.

(2.) It is the case of the petitioner that he was a Constable in GRP Chowki, Habibganj on 3/8/2009. His duty was fixed in Musafirkhana Reservation Office from 20.00 hours to 08.00 hours. It is alleged that during his duty hours on 3/8/2009 while coming to Habibganj from Itarsi in train No.2534 Pushpak Express the petitioner demanded Rs.500.00 from passenger of Coach S-12, Berth No.56, named Rafiq, R/o Patae Bazar, Morava, Tehsil Kurwa, District Unnav (U.P.). It was further alleged that the petitioner punched and slapped the said passenger and used filthy language and moreover he snatched the ticket of the said passenger. The FIR of the said incident was lodged in GRP Thana Bhopal after taking Dehati Nalishi of Raffiq by Additional Sub-Inspector-M.P. Thakkar going to resident of complainant Rafiq. Thereafter, criminal case at Crime No.377/09 for offence under Ss. 323, 294 and 327 of IPC was registered against the petitioner on 7/8/2009.

(3.) The petitioner was placed under suspension by the respondent No.4 on the basis of registration of criminal case against him. The departmental enquiry was initiated against the petitioner regarding his absence from work. The investigation officer was appointed on 23/11/2009 and charge sheet was issued to the petitioner. The same was handed over to the petitioner along with photocopy of the documents as well as the list of prosecution witnesses. The petitioner submitted sick application along with medical documents but the said documents were not taken note of and he was held guilty and penalty of deduction of amount equal to increment of one year was imposed and the absence of petitioner from 3/8/2009 to 6/11/2009 was treated to be period as 'no work no pay' and he remained suspended during the aforesaid period.