AMARSINGH Vs. STATE OF M.P. AND ANOTHER

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution whereby the petitioner has challenged the enhancement of penalty imposed on him by the order dated 20-9-1982 (Annex. 'Ka') passed by the Addl. Inspector General of Police, Ujjain respondent 3 and the order (Annex. 'Kha') rejecting the petitioner's representation therefrom passed by the Inspector General of Police respondent 2.

(2.) The petitioner, who was a Head Constable in the Police Department was charged-sheeted for misbehaviour during his posting in Police Station Agar, on 18-10-81. After holding a departmental inquiry, the Superintendent of Police, Shajapur respondent 4 held him guilty of the charges and issued a show cause notice to the petitioner proposing the punishment of reduction in rank from the post of Head Constable to the post of Constable for a period of two years. After considering the petitioner's reply to the show cause notice and taking into account the service record of the petitioner and the numerous Awards received by him during his service career the Superintendent of Police, Shajapur in his final order dated 5-6-1982 awarded punishment of withholding only one increment for a period of two years instead of the initially proposed punishment of reduction in rank for two years.

(3.) The respondent 3 however considered the punishment awarded by the Superintendent of Police, Shajapur to be inadequate, having regard to the seriousness of charges and therefore proposed the penalty of permanent reduction in rank of the petitioner and accordingly issued a show cause notice dated 9-8-1982 to the petitioner. After considering the reply of the petitioner to the said show cause notice the respondent 3 by the impugned order (Annex. 'Ka') imposed the penalty of permanent reduction in rank of the petitioner from the post of Head Constable to the post of Constable.