JEEVANRAM Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER was working on the post of Head constable in the Home (Police) Department of the State Government. On 16. 11. 2005 a charge sheet (Annexure-A) was issued to him as well as one b. L. Akole Inspector and Mohan Jat Constable of the same department alleging therein their inability to control the gambling / illegal betting activities while discharging their duties at Dhamnod. As per the said charge-sheet their acts were amounting to dereliction of duty, negligence and doubtful conduct on their part the said charges were enquired into by holding a joint disciplinary enquiry against all the three employees as aforesaid and in the said enquiry the Enquiry Officer found the petitioner as well as other two employees to be guilty of the alleged misconduct.

(2.) THE disciplinary authority third respondent after consideration of the enquiry report vide order dated 27. 05. 2006 (Annexure-O) imposed upon the petitioner penalty of demotion from the post of Head Constable to the post of Constable for a period of 5 years. Through the same order the disciplinary authority imposed penalty of demotion for a period of 5 years on Inspector B. L. Akole demoting him from the post of Inspector to the post of Sub-Inspector and imposed penalty of dismissal from service on Mohan Jat Constable.

(3.) THE said order of penalty was assailed by the petitioner in departmental appeal before the second respondent Director General of Police. The other two employees namely B. L. Akole and Mohan Jat also challenged the order of penalty imposed upon them by filing separate appeals. All the three appeals were considered by the then Director General of Police. According to the petitioner a decision was taken by which penalty of all the three employees were reduced and they were inflicted with penalty of withholding of two increments with cumulative effect. However, instead of implementing the said decision as would be clear from Annexure-S a Note-sheet, after joining the said post of Director General of police the newly posted Director General of Police he ordered to maintain the penalty which was imposed upon the petitioner by the disciplinary authority and also in respect to B. L. Akole, Inspector, however he reduced the penalty of dismissal from service which was awarded to Mohan Jat Constable to withholding of one increment without cumulative effect with a further direction that he will not be posted for five years on any police station.