LAWS(MPH)-2018-2-144

MANSINGH JHALA Vs. HOME DEPARTMENT

Decided On February 16, 2018
Mansingh Jhala Appellant
V/S
Home Department Respondents

JUDGEMENT

(1.) The petitioners before this Court, who are employees serving the Police Department, are aggrieved by order dated 19/06/2017 passed by Competent Disciplinary Authority The Additional Director General of Police, by which he has issued a show cause notice based upon the inquiry report, seeking a reply as to why they should not be punished.

(2.) The facts of the case reveal that the petitioners are posted at Dewas and a charge sheet was issued alleging misconduct. Inquiry Officer and Presenting Officer were appointed and thereafter, the Inquiry Officer submitted a detailed and exhaustive report on 30/08/2016.

(3.) As per imputation of misconduct the petitioners have not performed official duties from 16/08/2013 to 25/08/2013 and on 26/08/2013 Sub Inspector Ajay Mishra has got a FIR registered against one Rajpal at Crime No.541/2013 for offences under Section 25 and 27 of the Arms Act and at Crime No.542/2013 also for offence under Section 34(2) of the Excise Act. The allegation was that on account of personal enmity, the FIR was lodged and the petitioners have worked contrary to paragraph No.64(2) of the Police Regulation by lodging a false report. Inquiry Officer after examining the witnesses has given a clean chit to the petitioners and an order was passed exonerating the petitioners.