STATE OF MP Vs. INDRAVEER SINGH GUJJAR

JUDGEMENT

(1.) The present Writ Appeal is barred by limitation. There is a delay of 10 days in filing the appeal.

(2.) After hearing learned counsel for the parties, the delay stands condoned.

(3.) Facts of the case reveal that the petitioner came up before this Court being aggrieved by order dated 31/5/2016 passed by the Dy. Inspector General of Police inflicting punishment of termination upon the petitioner and also being aggrieved by an order dated 11/11/2016 by which his appeal was dismissed. Facts of the case further reveal that the petitioner was appointed as Constable in the Police Department on 17/6/2013 and on account of involvement in a criminal case ie., Crime No.410/2014, he was arrested and sent to Jail and was released on bail on 11/2/2015. He was in Jail from 28/12/2014 to 11/2/2015. He was later on placed under suspension by order dated 29/1/2015 and ultimately he was acquitted in Session Trial No.65/2015 vide judgment of acquittal dated 4/6/2015. After his acquittal a charge sheet was served to him on account of his absence totalling to 65 days. The period of absence was (1) from 11/12/2013 to 16/12/2013 - 4 days; (2) from 26/1/2014 to 28/1/2014 - 2 days (3) from 3/4/2014 to 6/4/2014 - 4 days; and (4) from 7/11/2014 to 9/11/2014 - 2 days. The petitioner was also absent from 28/12/2014 to 11/2/2015 as he was in Jail. The respondents have inflicted the punishment of dismissal from service.