ASHUTOSH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition under Article 226 /227 of the Constitution of India, the petitioner has assailed the validity, legality and propriety of the order dated 12. 1. 2016 (Annexure P/6), whereby the petitioner who was working as Constable has been terminated from the services, the order dated 7. 4. 2016 (Annexure P/8) dismissing the appeal filed by the petitioner against the order dated 12. 1. 2016 and the order dated 7. 2. 2017 (Annexure P/10) rejecting the mercy appeal filed by the petitioner.

(2.) The brief facts leading to filing of this case are that petitioner was initially appointed on the post of Constable in the year 2008 and rendered the services in the Police Department very honestly and utter satisfaction of the superiors till the order of dismissal from services. During his services, no stigma or any punishment was made against the petitioner. Infact, for the meritorious services rendered by the petitioner, he was rewarded as many as 16 times by the department. On 28. 3. 2015, a false criminal case was registered under section 306 of IPC alleging the charge of abetment of suicide against the petitioner as petitioner instigated to Udayveer Singh and also committed maarpeet with Udayveer Singh, therefore, Udayveer Singh committed suicide by hanging himself. On the basis of which the criminal case was registered against the petitioner at Crime No. 29/2015 under section 306 of IPC at Police Station, nagra, District Morena.

(3.) As a consequence thereof, the petitioner was placed under suspension and charge-sheet was issued proposing regular departmental enquiry in respect of two charges, which reads as under: