LAWS(MPH)-2017-1-139

MANOJ KUMAR SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

Decided On January 03, 2017
MANOJ KUMAR SHRIVASTAVA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Petitioner has filed this petition under Art. 226 of the Constitution of India for quashment of orders dated 1.11.2012 (Annexure P.8) and 15.6.2016 (Annexure P-17). He also prayed a relief of grant of Senior Selection Grade scale of pay w. e. f. 1.1.2012.

(2.) Petitioner was appointed as Deputy Superintendent of Police in the year 1994. He was placed in the pay scale of Rs.15,600.00 39,100.00 w. e. f. 1.1.2006. Petitioner joined as Additional Superintendent of Police District Bhind on 30.5.2010. He had worked in the aforesaid capacity up to 30.12010. He was assigned the job of filing Special Leave Petition before the Apex Court against the judgment passed in Cr. A. No.61/2010. He was nominated as Officer-In-Charge of the case vide order dated 29.5.2010.

(3.) On 2.6.2010 the petitioner approached the office of Additional Advocate General, Gwalior for providing the record of the case. He was not provided record. Thereafter, as per the petitioner he had sent reminders on 18.10.2010 and 6.12.2010. However, the record was not provided to the petitioner. Another person Mr. J. S. Rajput was posted as Additional Superintendent of Police, District Bhind. The petitioner handed over the charge to Mr. Rajput on 15.12.2010. Thereafter, Mr. Rajput was nominated as Officer-In-Charge of the case. He had approached the office of Additional Advocate General, Gwalior on 8.1.2011 and 7.2011. The record of the case was provided to him on 8.2011. Special Leave Petition was filed before the Apex Court in the year 2012. It was registered as Criminal M.P. 5377-5378 of 2012 (State of M.P. Vs. Shivrati). There was a delay of 606 days in filing the S. L. P.