BHAGIRAT SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Ms. Bharti Lakkad, learned G.A. for respondent/ State.

(2.) The petitioner has filed the present petition challenging the order dated 29.05.2017 by which application for appointment of defence assistance in the departmental enquiry and supply of relevant documents has been rejected.

(3.) The petitioner is at present posted as Head Constable in police station - Ghatiya, District Ujjain (M.P.). According to the petitioner, he made a complaint against the higher officers in respect of creation of forge documents. In order to take revenge and to put undue pressure on him, the department has issued charge sheet dated 23.07.2017 to him. After receipt of charge sheet, the petitioner has demanded documents to submit the effective reply but he was denied the important documents. Some how, he submitted reply on 23.01.2017. Being dissatisfied with the reply, the respondents have appointed respondent No.3 as an enquiry officer. The petitioner has filed an application for change of the enquiry officer as he was threatened him. The said prayer has also been turned down and same enquiry officer continued with the enquiry. Again the petitioner has submitted an application that enquiry initiated on his complaint is pending before the higher officers the impugned charge sheet relates to same conduct of the petitioner, therefore, the departmental enquiry be stayed till the conclusion of the said enquiry. The aforesaid prayer was also not considered and the enquiry officer has continued with the enquiry and recorded the statements of the witnesses without giving any opportunity to the petitioner to cross -examination. The superintendent of police, Ujjain and Inspector General of Police, Indore Division both have directed the enquiry officer to grant proper opportunity to the petitioner but the enquiry officer has ignored the directions given by S.P., Ujajin and I.G. Indore Division.