STATE OF M.P. Vs. SANTOSH SARMA

JUDGEMENT

(1.) The instant Writ Appeal Under Sec. 2(1) of Madhya Pradesh Uchcha Nayayalay (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 is preferred against the order dtd. 6/3/2024, passed by Writ Court in Writ Petition No.3264/2013, whereby the order of penalty of stoppage of one increment for one year with cumulative effect vide order dtd. 22/1/2002, which was modified by the Appellate Authority by deleting "one year" from the punishment order, thus, making the punishment to be stoppage of one increment with cumulative effect, was set aside treating the said orders to be passed in non-compliance of Rule 18 of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 and misconstruing the appellate order to be the original order, hence alleging the findings recorded by the learned writ Court to be bad in law, its quashment has been sought.

(2.) Draped with brevity, the facts necessary for adjudication of the present controversy are that the respondent, who was appointed on the post of Constable on 18/3/1992 and was posted at Police Station Seondha District Datia on 8/6/2000 faced with an allegation that one Manoj Kumar Dubey after attending his date in the trial Court when was passing nearby from the police station Seondha, that at the instance of Sub-Inspector Anar Singh Sikarwar and ASI V.N. Chaturvedi, the petitioner caught hold of him and while abusing him had assaulted him and thereafter took him to the Police Station Seondha and confined him in custody till 10/6/2000 without any reason and thereafter released him.

(3.) On the complaint being made against the petitioner and other persons, investigation was carried-out and enquiry was made by the Superintendent of Police, Datia and after the enquiry the petitioner was charge-sheeted on 1/11/2000. The departmental enquiry was conducted by Additional S.P., Datia and allegations against the petitioner were founds to be proved. In wake of enquiry, the petitioner was inflicted with punishment of stoppage of one increment for one year with cumulative effect vide order dtd. 22/1/2002. An appeal was preferred against the said order before the Inspector General, Chambal Zone, Gwalior, which was dismissed vide order dtd. 7/8/2002 and after more than five years of appellate order, an amended order was passed by the Disciplinary Authority i.e. Superintendent of Police, Datia on 22/8/2007, whereby the word "one year" in the punishment was deleted, thus, modified the punishment to stoppage of one increment with cumulative effect.