SHYAMKANT TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India filed in February, 1983 is for quashing the order dated 23rd February, 1981 passed by the Superintendent of Police, Indore, the respondent No. 4 whereby in the Departmental Enquiry held against the petitioner and two others, he has been dismissed from service and also the appellate order dated 6th June, 1981,

(2.) IT is not in dispute that at the relevant time the petitioner was holding the post of police constable at Indore. Charges dated 19th December 1980 framed by the Superintendent of Police, Indore were in respect of the activities dated 14th' December 1980 of the petitioner and others. City Superintendent of Police, Indore (East) working under the Superintendent of Police, Indore was the Inquiring Authority. There is no order for common proceedings against the petitioner and his code linquents.

(3.) THE petitioner had moved an application before the Inquiring Authority that he apprehends retaliatory action by Shri Ashok Patel, the Superintendent of Police, Indore.