SHASHI DIXIT Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition filed under Art. 226 of the Constitution of India, takes exception to the orders dated 08.07.2010 (Annexure-P/1), 06.12.2012 (Annexure-P/2) and the inquiry report dated 29.05.2010 (Annexure-P/4).

(2.) Briefly stated, the case of the petitioner is that she was working as a Home Guard at Rewa. A complaint was allegedly preferred against her by one Mr. N.R. Pachori, District Commandant. Thereafter, an inquiry was conducted behind her back and inquiry report dated 29.05.2010 was prepared. In the said inquiry, the petitioner was held to be guilty. The inquiry was conducted by Ms. Sangita D. Kumar, the then Divisional Commandant Rewa, Division Rewa. The said inquiry report was also placed before a three members committee consisting of said Divisional Commandant, Rewa Division Rewa, District Commandant, Home Guard Rewa and ASI, Home Gurad Rewa. The committee accepted the recommendation and terminated the petitioner w.e.f. From 26.08.2010.

(3.) The impugned order is called in question on twin grounds. Firstly, the inquiry was conducted behind back of the petitioner and no opportunity of any nature has been given to the petitioner. Secondly, it is submitted that the person who has conducted the inquiry (Divisional Commandant) could not have acted as a disciplinary/punishing authority.