SANTOSH BHARTI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court is aggrieved by an order passed by the competent Disciplinary Authority dated 04/04/2014 by which a major punishment of compulsory retirement has been inflicted upon the petitioner. The petitioner is also aggrieved by order dated 03/12/2014 passed in appeal by Director General of Police.

(2.) The facts of the case reveal that the petitioner at the relevant point of time was posted as Inspector in Reserve Scheme, Dhar (Police) and it is alleged that he was unauthorizedly absent from the duty on 14/09/2012. It is also alleged that on 03/10/2012 at Indore, he took an auto rickshaw and purchased a bottle of liquor. It is further alleged that after consuming liquor, he assaulted the auto driver and misbehaved in public.

(3.) On the basis of the aforesaid incident, the petitioner was placed under suspension by an order dated 04/10/2012. A Preliminary Enquiry took place in the matter and in the Preliminary Enquiry, the petitioner was not associated in any manner. It was conducted behind the back of the petitioner. Shri Vikram Singh, City Superintendent of Police, Pithampur, Distt. Dhar submitted a preliminary enquiry report. It has been argued by Shri Patne that at no point of time, the petitioner was associated with the preliminary enquiry.