LAWS(MPH)-2016-8-159

PURSHOTTAM PANDEY Vs. STATE OF M P

Decided On August 17, 2016
PURSHOTTAM PANDEY Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the charge-sheet dated 20.02.2015 (Annexure P/8).

(2.) Shri A.S.Raizada, learned counsel for the petitioner advanced two fold contentions to assail this charge-sheet. Firstly, it is submitted that the impugned charge sheet is the third charge sheet. First charge sheet was issued on10.6.2011 (Annexure P/1). This court in W.P.No.4330/13 gave liberty to the department to take appropriate action against the petitioner. The said order was affirmed in W.A.No.1103/13. The second charge-sheet was issued on 21.5.2014. This charge-sheet was unconditionally withdrawn on 25.9.2014. Thereafter, the impugned third charge sheet is issued which is impermissible. Secondly, it is urged that the impugned chargesheet is issued by respondent No.4 who is not Superintendent of Police. Petitioner's services are governed by the Police Regulations and in view of Division Bench judgment of Arun Prakash Yadav Vs. State of M.P., 2013 3 MPLJ 508, only Superintendent of Police can issue the charge sheet.

(3.) Prayer is opposed by the Shri Dwivedi, Dy. AG. He supported the third charge-sheet on the basis of reply filed.